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Binding terms: Wells v Devani [2016] EWCA Civ 1106

13 December 2016

In what circumstances will the Court imply a term to fill a gap in a contract?

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Snapshot

Binding terms: Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm)

13 December 2016

Does a letter signed by one party but not the other constitute an enforceable contract?

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Snapshot

Binding terms: Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016]

13 December 2016

Can a letter of intent constitute a binding contract?

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Press and Media

RPC launches Managing Partner election process

12 December 2016

RPC – the City-headquartered law firm – has launched an election process following news that Jonathan Watmough, the firm's Managing Partner, has retired from the firm.

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Blog

Kevin Reed v HMRC - Tribunal dismisses taxpayer's application for reinstatement of his appeal

Published on 12 December 2016. By Alexis Armitage, Associate

In Kevin Reed v HMRC [2016] UKFTT 0653 (TC), the First-tier Tribunal (FTT) dismissed the taxpayer's application for reinstatement of his appeal which had been struck out for failing to comply with directions issued by the FTT.

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Press and Media

RPC Consulting expands with two senior hires

08 December 2016

RPC Consulting – the insurance consultancy arm of City-headquartered professional services firm RPC – has hired two highly recognised leaders from the insurance industry to boost the business in London.

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Blog

FCA identifies concerns with PI cover for general insurance intermediaries

07 December 2016

The FCA has announced the results of a review into general insurance intermediaries' professional indemnity insurance. The FCA found sufficient breadth in the market, but also identified some significant concerns about the cover firms had purchased.

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Blog

Icebreaker litigation: partial award of costs upheld as HMRC recognised as the "substantial victor"

Published on 06 December 2016. By Constantine Christofi, Associate

In Bastionspark LLP and others v HMRC , the Upper Tribunal (UT) has held that the First-tier Tribunal (FTT) was entitled to find that HMRC had been the "substantial victor" and to make a partial award of costs in favour of HMRC notwithstanding that each party had been partially successful in an appeal against HMRC's decision regarding allowable expenditure.

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Blog

Investigatory Powers Act gets royal assent

Published on 02 December 2016. By Oliver Murphy, Associate

This week, the Queen gave royal assent to the Investigatory Powers Bill (aka "The Snoopers Charter"), marking the end of the controversial bill's passage into law.

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Blog

Spring Capital -Tribunal directs postponement of payment of tax

Published on 02 December 2016. By Constantine Christofi, Associate

In Spring Capital Ltd v HMRC , the First-tier Tribunal (FTT) allowed the taxpayer's application for the postponement of payment of tax under section 55 Taxes Management Act 1970 (TMA), as it had a reasonable argument in relation to the underlying substantive issue.

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Publication

Tax update, December 2016

Published on 01 December 2016. By Adam Craggs, Partner

In this update we report on HMRC’s new guidance on client notification regarding Common Reporting Standards, the targeting by HMRC of the UK’s richest people and HMRC’s progress in reviewing the so-called Panama Papers. We also comment on three recent cases on whether the Tribunal has jurisdiction to entertain an application to provide witness evidence made by a non-party to the appeal, an inheritance tax scheme which succeeded and the Ramsay principle in the context of a proposed scheme of arrangement.

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Blog

Online Sales and Price-Fixing

Published on 01 December 2016. By Melanie Musgrave, Senior Associate

The CMA recently issued a warning to online retailers against price-fixing and using automated re-pricing software to facilitate such arrangements.

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Blog

FCA consults about delaying disclosure of inside information

01 December 2016

The FCA has issued a consultation on amendments it proposes to make to the Disclosure and Transparency Rules section of the FCA Handbook. The FCA proposes to make these amendments to make the FCA Handbook consistent with ESMA's guidelines on delay in the disclosure of inside information.

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Blog

"For success and resilience – diversify!"

30 November 2016

When PayPal, Uber, Acritas, Springer Nature, Legal & General Group Plc and RPC are all reported as saying the same thing on the same day – that diversifying your legal department and your law firm client contact team is good for business – then…. hopefully, the message will start to sink in!

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Publication

FCA market study findings

Published on 30 November 2016. By Anthony Shatz, Partner

One year on from the FCA’s launch of its market study in November 2015 on the asset management sector, the regulator’s interim findings suggest there is more to be done to achieve effective competition. It has also proposed some interim remedies, on which it seeks feedback by 20 February 2017.

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Press and Media

RPC named Best Legal Adviser for eighth straight year

Published on 29 November 2016. By James Miller, Managing Partner and Tim Anderson, Partner

City-headquartered law firm RPC has been named a Best Legal Adviser by industry publication Legal Week, following research of almost 800 buyers of legal services.

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Blog

Has Brexit cancelled Christmas?

Published on 25 November 2016. By Dani Barnes, Associate

The pressure is on for brands to compete for advertising success. But what is it about the festive period that encourages brands to spend increasingly eye-watering sums year on year? And has Brexit impacted brands' willingness to splash their cash on adverts this Christmas?

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Blog

High Court considers the Ramsay principle in the context of a proposed scheme of arrangement

23 November 2016

In Re Home Retail Group Plc , the High Court considered the so-called Ramsay principle of purposive construction in deciding whether a cancellation scheme following the sale of a business, to be carried out in connection with a takeover, fell within the anti-avoidance provisions contained in section 641(2A), Companies Act 2006 (CA 2006).

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Publication

The proof of the pudding is in the eating

Published on 23 November 2016. By Catherine Percy, Partner and Alice Wilson, Senior Associate

Insureds can have their cake but only if they eat it too

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Publication

VAT update, November 2016

Published on 23 November 2016. By Adam Craggs, Partner

In this month’s update we report on new regulations which allow HMRC to refuse registration of VAT representatives, HMRC’s new policy on the correct treatment of VAT incurred by a business prior to its VAT registration and the EU’s extension of the UK’s VAT derogation permitting the UK to restrict input tax recovery on car leasing costs to 50% where the car is available for private use.

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Blog

Adjudication costs not recoverable as costs of proceedings

Published on 23 November 2016. By Felicity Johnson, Senior Associate

The Technology & Construction Court ("TCC") has recently considered whether there are circumstances in which a party can recover adjudication costs; the position, ordinarily, being that the costs of adjudication are not recoverable from the other side.

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Blog

"Refine but not replace Solvency II" declares the ABI

Published on 21 November 2016. By Jonathan Charwat, Associate

In its response to the Select Committee inquiry into the impact of Solvency II (as reported by us in September), the Association of British Insurers (ABI) has called on the Government to refine and not replace Solvency II. The response also claims that the implementation of the new regulations is harming customers, distorting markets and potentially unnecessarily affecting UK firms' ability to compete in the EU and globally.

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Blog

Approaches to supervising the conduct of intermediaries, IAIS paper

Published on 21 November 2016. By Jonathan Charwat, Associate

The International Association of Insurance Supervisors (IAIS) has published an application paper on approaches to supervising the conduct of intermediaries.

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Blog

Smartphones, smartwatches... 'smart' offices?

Published on 18 November 2016. By Sophie Tuson, Associate

Robot security guards, coffee machines that remember how you like your cappuccino, and smartphone apps which enable employees to control heating and lighting at the touch of a button. Welcome to the brave new world of the ‘smart’ office.

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Blog

The ins and outs of tall buildings

Published on 18 November 2016. By Johanna Hall, Senior Associate

Whilst iconic design can be fabulous, RPC asks if we will see developers and architects put more thought into the needs of their occupiers and surrounding landowners, and less of a focus on headline-grabbing exterior designs.

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Blog

High Court dismisses Libyan Investment Authority's claim against Goldman Sachs

Published on 17 November 2016. By Simon Hart, Partner and Sarah Shaul, Associate

The High Court dismissed the Libyan Investment Authority's claim against Goldman Sachs based on two causes of action, undue influence and unconscionable bargains, in relation to a series of transactions which the parties entered into (the Disputed Trades) between September 2007 and April 2008, causing the LIA to lose billions.

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Blog

BBC prevented from submitting evidence in IR35 case

Published on 16 November 2016. By Nicole Kostic, Senior Associate

In Paya Limited and Tim Willcox Limited v HMRC [2016] UKFTT 0660 (TC), the First-tier Tribunal (FTT) held that the BBC could not provide witness evidence of its own motion to the FTT in tax appeals, to which it was not a party.

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Blog

High Court considers validity and timing of contractual notices in close-out procedures

Published on 16 November 2016. By Jake Hardy, Legal Director

The Commercial Court in London has considered a range of issues arising from the application of the close-out provisions of the standard form GMRA (Global Master Repurchase Agreement), year 2000 version (2000 GMRA).

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Video

TerraLex: 19,000 lawyers. 100 countries. One network

15 November 2016

Terri Gavulic, Executive Director of TerraLex, explains how this international network of law firms offers the kind of low-fuss cost effective cross-border solution that clients value.

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Publication

Wealth and Trusts quarterly digest

Published on 15 November 2016. By Adam Craggs, Partner

Our quarterly digest aims to bring you up to date commentary and analysis on key sector developments. RPC’s tax, wealth and trusts teams are able to provide a wide ranging service to assist you and your clients in responding to market trends and legal developments. We would welcome the opportunity to discuss any concerns you may have and always welcome feedback on the content of our publications.

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Blog

The Olympic party that nobody wants to host

14 November 2016

Rio de Janeiro knows how to throw a party. But now that the dust has settled after the carnival celebration of hosting the Olympic Games, what state has the city been left in?

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Blog

Salinger: IHT scheme succeeds

Published on 11 November 2016. By Constantine Christofi, Associate

In M L Salinger and J L Kirby v HMRC [2016] UKFTT 677 (TC), the First-tier Tribunal (FTT) held that the transfer of a reversionary interest had not been a transfer of value for Inheritance Tax (IHT) purposes and allowed the taxpayers' appeal.eal.

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Blog

Acceptance or a counter-offer - what relevance are communications after the fact?

Published on 11 November 2016. By Christopher Whitehouse, Associate and Simon Hart, Partner

In Caroline Gibbs v Lakeside Developments the High Court held that an email purporting to accept a settlement offer but attaching a consent order specifying a different payment date was not an acceptance but a counter-offer.

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Blog

Building on Brexit

Published on 10 November 2016. By Alex Badel, Senior Associate

The Impact of Brexit on the Construction Industry and the House of Commons Briefing Paper

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Blog

Essar v Norscot: the landmark decision third party funding has been waiting for?

Published on 10 November 2016. By Daniel Hemming, Senior Associate and Geraldine Elliott, Partner

The Commercial Court rejected an application to set aside an arbitral award entitling the respondent to its costs of third party litigation funding on the ground of serious irregularity. It also held that the Arbitration Act 1996 power to award "legal and other costs" included the costs of litigation funding.

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Press and Media

Cyber-attack on Tesco Bank runs against the trend for hackers to focus on non-bank financial services businesses

Published on 10 November 2016. By Philip Tansley, Legal Director

Reported data breaches at UK banks halve in a year...but fraud is just shifting to other parts of the market

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Blog

Intention to be bound: High Court construes commitment letter against equity participant

Published on 09 November 2016. By Parham Kouchikali, Partner and Matthew Evans, Senior Associate

The High Court held that the defendant signatory to a commitment letter intended to be legally bound by that document and was consequently in anticipatory repudiatory breach of contract. The decision highlights the need for contracting parties to be clear in documenting both their internal and external decision-making processes.

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Blog

Court of Appeal sheds light on innocent party's right to affirm frustrated contract

Published on 08 November 2016. By Stuart Shepherd, Partner

Court of Appeal held that the innocent party could not affirm a contract once its commercial purpose had been frustrated in order to claim on-going damages.

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Press and Media

RPC continues to build Asia transactional capability with major Corporate partner hire

07 November 2016

M&A and private equity specialist Jeremy Cunningham joins RPC from Mayer Brown in Hong Kong.

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Blog

The Future of America

Published on 07 November 2016. By Rob Paine, Associate

The presidential candidates offer opposing visions for America. This article takes a brief trip into the two possible futures that await the US on 8 November 2016.

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Blog

The cost of power in the US election

Published on 02 November 2016. By Charlotte Thompson, Associate

Electioneering in the US is big business.

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Blog

A Presidential Personality

Published on 02 November 2016. By Rebecca Taylor, Associate

As much on this side of the pond as on the other, success on the political stage today seems to be determined by candidates’ personalities over their policies.

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Publication

Tax update, November 2016

Published on 02 November 2016. By Adam Craggs, Partner

In this update we report on the proposed new corporate offence of failure to prevent facilitation of tax evasion, success against HMRC in the Supreme Court in relation to unlawful disclosure of confidential information and HMRC’s new specialist team which has been set up to tackle exploitation of freelance workers.

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Blog

Chinese 'netizens' and the US Presidential Election

02 November 2016

What do grassroots Chinese people think about the US election? Weibo and WeChat, the two dominant online social platforms in China, have provided a mixed answer.

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Blog

Lomas – Court confirms statutory interest payable on insolvency is not 'yearly interest' and criticises HMRC's change of position

Published on 01 November 2016. By Michelle Sloane, Senior Associate

In Lomas and others v HMRC [2016] EWHC 2492 (Ch), the High Court has confirmed that statutory interest payable on insolvency is not 'yearly interest' for UK tax purposes. The administrators therefore had no obligation to account for income tax on the interest payments made. The Court was also critical of HMRC's contradictory guidance on this issue.

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Blog

Clinton v Trump: Battle of Policies

Published on 01 November 2016. By Heather Rimmer, Associate

Summer 2012: the build up to the election was one of disillusionment, widespread poverty, pervasive economic trouble, and exacerbated inequality. The battle was Obama v Romney. Fast forward four years and here we go again… This time, the battle is Clinton v Trump. The main differential in any political election comes down to policies. So how do the candidates differ?

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Blog

The keys to the White House in six easy steps

Published on 31 October 2016. By Chloe Johnston, Associate

Many of us will find the choice between this year's clashing candidates simple, but the system that put these two hopefuls in the frame is slightly less straightforward.

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Blog

Enhanced annuity non-advised sales – not as bad as first feared?

Published on 31 October 2016. By Rachael Healey, Legal Director

The FCA's thematic review into non-advised enhanced annuity sales found no evidence of an industry wide or systemic failure to provide customers with information about enhanced annuities or the open market option. There will not be a general industry wide remedial action.

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Blog

Chelsea swap Adidas for £900m Nike deal

Published on 28 October 2016. By Joshua Charalambous, Associate

Chelsea FC and Nike have agreed the largest kit sponsorship/ supply agreement in the English Premier League worth £900m (£60m per year for 15 years). The announcement comes nearly 6 months after the Chelsea and Adidas kit sponsorship/supply agreement was terminated part way through a 10 year term.

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Blog

Partial success for taxpayer in Dutch-subsidiary quantification judgment following FII

Published on 28 October 2016. By Robert Waterson, Legal Director

In Six Continents Ltd and Another v HMRC [2016] EWHC 2426 (Ch), the High Court held that the claimants are entitled to a credit at the foreign nominal rate (FNR) of corporation tax in respect of dividends paid from a Dutch subsidiary but are not entitled to a credit in respect of dividends linked to the return of share capital.

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