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Blog

Whose file is it anyway: What should a solicitor provide to a client when met with a request for "the file"?

Published on 28 March 2017. By Claire Revell, Senior Associate

The Law Society has published new guidance on what a solicitor should do when a client requests a copy of its file.

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Blog

The role of executive pay in promoting responsible business

Published on 24 March 2017.

Executive pay is a thorny issue. Well-structured remuneration packages can help to ensure that companies are run responsibly for the benefit of shareholders, employees, customers, and wider society. However, when improperly designed, executive pay packages can encourage short-term and risky behaviour which dents public confidence in business.

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Blog

Altogether now – aggregation in solicitors' professional negligence claims

Published on 23 March 2017. By Jonathan Wyles, Legal Director and Anna Greco, Associate

The Supreme Court in AIG Europe Limited v Woodman and others [2017] UKSC 18 provides welcome clarification of how you can aggregate claims against solicitors under the SRA's Minimum Terms and Conditions.

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Blog

Blockchain technology for contracts: Above the law?

Published on 23 March 2017. By Sarah Hill, Legal Director

A recent report by the European Parliamentary Research Service (EPRS) explores how blockchain technology could continue to develop and impact on a number of key areas of everyday business and life in general. One area explored by the EPRS report relates to the use of blockchain for so-called 'smart contracts'.

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Publication

Supreme Court judgment on SAAMCo

Published on 22 March 2017. By Nick Bird, Partner

On 22 March 2017 the Supreme Court handed down its decision on the application of SAAMCo to claims against professionals.

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Press and Media

Centre for Legal Leadership launches offering support services for in-house lawyers

22 March 2017

Headed by Bruce Macmillan, former senior in-house lawyer. Combines knowledge, education, people and community/networking services.

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Blog

Tribunal concludes that capital gains tax legislation is compliant with Human Rights and EU law

Published on 20 March 2017. By Constantine Christofi, Associate

In William Reeves v HMRC [2017] UKFTT 192 (TC), the First-tier Tribunal (FTT) has held that section 167 Taxation of Chargeable Gains Act 1992 (TCGA) is compliant with the European Convention on Human Rights (ECHR) and EU law.

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Snapshot

Consumer: Wood & Wood v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11

20 March 2017

Can damages be recovered under the Supply of Goods and Services Act 1982 (the Act) for food poisoning?

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Snapshot

Unfair Commercial Practices Directive: Case C-611/14 Canal Digital Danmark A/S

20 March 2017

If a trader separates the price of a product or service into a number of components, and then gives more prominence to particular components in advertising, will this amount to a misleading action or omission under the Unfair Commercial Practices Directive?

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Snapshot

Unfair Commercial Practices Directive: Case C-611/14 Canal Digital Danmark A/S

20 March 2017

If a trader separates the price of a product or service into a number of components, and then gives more prominence to particular components in advertising, will this amount to a misleading action or omission under the Unfair Commercial Practices Directive?

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Snapshot

RSA: ICO issues £150,000 fine

20 March 2017

The ICO has fined Royal & Sun Alliance (RSA) £150,000 for losing the personal information of nearly 60,000 customers.

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Snapshot

Data protection: “Post-Brexit” data transfers and privacy standards

20 March 2017

In February 2017, the UK Government published a white paper setting out its approach to the forthcoming negotiations on exiting the European Union, and its vision for a “post-Brexit” settlement.

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Snapshot

Data protection - Supervisory authorities one-stop-shop: WP29 guidelines

20 March 2017

The final draft of the GDPR enables local regulators to deal with local issues which relate only to their territory.

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Snapshot

Data protection officers WP29: guidelines

20 March 2017

When the GDPR comes into force in May 2018, it will be mandatory for certain data controllers and processors to designate a Data Protection Offcer (DPO).

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Snapshot

Data protection - The right to data portability: WP29 guidelines

20 March 2017

WP29 has published guidelines on the interpretation and implementation of the right to data portability under Article 20 of the General Data Protection Regulation.

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Blog

Secret 'wealth-screening' by charities breaks data laws

Published on 20 March 2017. By Victoria Noto, Associate

An ICO investigation into charity fundraising practices has led to two charities being fined and eleven being issued with Notices of Intent to fine.

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Snapshot

Data protection: the new ePrivacy Regulation

20 March 2017

The EU Commission has published its proposal for a new ePrivacy Regulation.

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Snapshot

Privilege The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch)

20 March 2017

Does legal advice privilege extend to communications between a lawyer and their client’s employees other than those employees who are authorised to seek and receive legal advice?

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Snapshot

Chancellor Philip Hammond announces Government plans for consumer protection

20 March 2017

What is on the Government’s agenda for consumer protection?

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Snapshot

Intellectual property – trade marks/passing off Victoria Plum Ltd (t/a as “Victoria Plumb”) v Victorian Plumbing Ltd and others

20 March 2017

When will keyword bidding constitute trade mark infringement or passing off?

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Snapshot

Penalties Vivienne Westwood Limited v Conduit Street Development Limited [2017] EWHC 350 (Ch)

20 March 2017

Whether the termination of a side letter that allowed a tenant to pay a reduced rent amounted to a penalty and was unenforceable as a result.

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Snapshot

Intellectual property – confidential information Wade and others v British Sky Broadcasting Ltd [2016] EWCA Civ 1214

20 March 2017

What confidential information exists in an idea and what amounts to misuse?

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Snapshot

New CAP guidance on affiliate marketing

20 March 2017

Is your “affliate marketing” obviously identifiable as an advert?

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Snapshot

Contractual interpretation Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch)

20 March 2017

What was meant by a clause entitling either party to rescind where “all of the Conditions have not been discharged”?

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Snapshot

ASA Ruling on John Lewis Partnership PLC

20 March 2017

Can you pull a promotion if you’re nervous about stock levels?

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Snapshot

The VW emissions scandal – the tip of the iceberg?

20 March 2017

The Volkswagen (VW) emissions scandal relates to “defeat devices” that are able to sense when the car is undergoing emissions testing and accordingly activates equipment that reduces nitrogen oxide emissions.

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Snapshot

Software licensing: SAP UK Limited v Diageo Great Britain Limited [2017] EWHC 189 (TCC)

20 March 2017

What are the risks of “indirect” use of software?

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Snapshot

Software licensing: SAP UK Limited v Diageo Great Britain Limited [2017] EWHC 189 (TCC)

20 March 2017

What are the risks of “indirect” use of software?

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Snapshot

Software licensing: SAP UK Limited v Diageo Great Britain Limited [2017] EWHC 189 (TCC)

20 March 2017

What are the risks of “indirect” use of software?

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Snapshot

Implied terms: Teekay Tankers Ltd v STX Offshore and Shipbuilding Co Ltd [2017] EWHC 253 (Comm)

20 March 2017

Whether the court will imply essential terms to give effect to the parties’ intention to enter into a legally binding agreement.

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Snapshot

Implied terms: Irish Bank Resolution Corp Ltd (In Special Liquidation) v Camden Market Holdings Corp [2017] EWCA Civ 7

20 March 2017

In what instances will an express contractual power be subject to an implied qualification?

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Snapshot

Consequential loss: Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm)

20 March 2017

What is the meaning of the phrase “consequential or special losses” in the context of a limitation of liability clause?

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Blog

Tribunal allows taxpayers' appeal in foreign exchange losses case

Published on 16 March 2017. By Alexis Armitage, Associate

In Smith and Nephew Overseas Limited and others v HMRC [2017] UKFTT 151, the First-tier Tribunal (FTT) allowed appeals against HMRC's disallowance of foreign exchange losses incurred as a result of a change in functional currency following a company reorganisation.

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Blog

Italian data protection authority issues fines totalling more than €11m for illegal data processing

Published on 14 March 2017. By Eliot Henderson, Associate

The fines are thought to be the highest ever issued by a European data protection authority.

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Blog

The Insurance Block Exemption: The End of an Era

Published on 13 March 2017. By Melanie Musgrave, Senior Associate and Lambros Kilaniotis, Partner

31 March 2017 sees the expiry of the Insurance Block Exemption

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Publication

Between a rock and a hard place

Published on 13 March 2017. By Alexandra Anderson, Partner

Difficulties for lenders arising out of limitation

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Publication

“Gagging orders”: an office holder’s secret weapon

Published on 13 March 2017. By Vivien Tyrell, Head of Restructuring and Insolvency

Practitioners are fully aware of the extensive powers available under ss 235 and 236 of the Insolvency Act 1986 (IA 1986) allowing administrators and liquidators as office holders (OHs) to require individuals and organisations to disgorge information.

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Blog

Planning to Protect Pubs

09 March 2017

A review of recent article 4 directions removing permitted development rights from pubs and proposed legislation to protect them from development and demolition.

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Blog

Ridgecrest – Tribunal allows appeal against Regulation 80 determinations

Published on 08 March 2017. By Adam Craggs, Partner

In Ridgecrest Cleaning Services Pendergate Ltd v HMRC [2016] UKFTT 778 (TC), the First-tier Tribunal (FTT) allowed an appeal against determinations of underpaid tax made under Regulation 80 of the Income Tax (PAYE) Regulations 2003 (the PAYE Regulations), as HMRC had not obtained the necessary statutory consent from the Appellant to notify it of changes to employee PAYE codes electronically.

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Blog

Licensees beware - SAP wins victory against Diageo for breach of software licence agreement

Published on 08 March 2017. By Eliot Henderson, Associate

In a significant ruling for software customers and providers, the High Court found that Diageo breached the "Named User" pricing mechanism of its software licence agreement with SAP.

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Blog

In-specie pension contributions - what's the fuss all about?

Published on 08 March 2017. By Rachael Healey, Partner

SIPP and SSAS providers and members continue to be left in limbo over potential tax charges arising from in-specie contributions. HMRC has suspended tax relief on contributions whilst it investigates the position, leaving providers and members without tax relief and the risk of tax assessments back to 2009.

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Publication

FOS backs down and agrees: award limit applies in avoidance cases

Published on 08 March 2017. By Robert Morris, Partner

In R (on the application of Aviva Life & Pensions (UK) Limited) v Financial Ombudsman Service [2017]1 Aviva judicially reviewed a Financial Ombudsman Service decision that required them to reinstate a life insurance policy they had avoided for non-disclosure.

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Blog

What next for the Energy Performance of Retail Buildings?

06 March 2017

After the initial success of the Energy Performance of Buildings Directive (EPBD) and the widespread introduction of the Energy Performance Certificate (EPC) into property transactions, what can we expect from the proposed revisions of the EPBD?

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Publication

Financial litigation roundup

Published on 06 March 2017. By Tom Hibbert, Partner

Welcome to the latest edition of our financial litigation roundup, which considers recent judgments, ongoing cases and legal developments from the banking and financial world in the UK and Asia.

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Blog

Finally, a victory in the on-going battle against business rates

03 March 2017

The Supreme Court ruling in Newbigin v Monks represents a welcome and important victory for UK property developers.

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Blog

HMRC's failure to exercise its discretion unreasonable

Published on 03 March 2017. By Michelle Sloane, Senior Associate

In G B Housley Limited v HMRC [2016] EWCA Civ 1299, the Court of Appeal allowed the Appellant's appeal and restored the decision of the First-tier Tribunal (FTT) which had discharged HMRC's VAT assessment on the basis HMRC had failed to correctly exercise its discretion.

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Press and Media

RPC adds partner to Hong Kong corporate finance team

02 March 2017

Corporate specialist Janney Chong joins from Sidley Austin; has advised on more than 30 Hong Kong IPOs

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Publication

Has the FCA made settling more appealing?

02 March 2017

Changes to the Regulatory Enforcement Process

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Publication

Solicitors duty to warn - when does it arise?

Published on 01 March 2017. By Paul Castellani, Partner

The Court of Appeal has recently dismissed an appeal against the decision of Michael Bowes QC sitting as a deputy judge in the Queen’s Bench Division in Balogun v Boyes Sutton & Perry [2017] EWCA Civ 75.

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Blog

BDO report finds fraud at a 5-year high

Published on 01 March 2017. By Tom Lloyd, Senior Associate and Esme Watson, Associate

There has been a cascade of negative headlines in recent months about increased incidences of fraud in the UK. Stretched police resources, combined with an array of opportunities for online exploitation of businesses and consumers, are perceived to have made it a good time to be a fraudster.

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