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Blog

Filling gaps: Implied terms in contracts

Published on 22 December 2016. By Amelia Payne, Associate and Tim Brown, Partner

The Court of Appeal has held that where a contract would, on its face, be unenforceable because the parties failed to agree an essential term, the missing term cannot be implied.

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Blog

Trainees Take on 2016: A Year in Review

Published on 22 December 2016. By Sophie Tuson, Associate

Placing a £10 bet on Donald Trump, Brexit and Leicester City winning the Premier League this year would have made you a millionaire… 30 times over.

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Blog

Football agent scores a victory in loss of a chance case

Published on 21 December 2016. By Christopher Whitehouse, Associate and Tom Hibbert, Partner

The Court of Appeal upheld the appeal of a licensed football agent who alleged Sports and Entertainment Media Group had induced a professional footballer to breach an agency contract with him, which had deprived him of the fee he would have earned.

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Blog

Biffin - Court grants injunction preventing HMRC from enforcement action

Published on 21 December 2016. By Constantine Christofi, Associate

In Biffin Limited and Others v HMRC [2016] EWHC 2926 (Admin), the High Court has granted the taxpayers an injunction prohibiting HMRC from commencing enforcement action in respect of alleged tax liabilities.

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Blog

"It's privileged" – is not enough! High Court orders a full list of each document over which a claim to privilege is asserted

Published on 20 December 2016. By Alexis Armitage, Associate and Davina Given, Partner

The High Court held that a defendant's claim to privilege in respect of communications between employees and in-house counsel went too far. It ordered the defendant to provide a full list of each document over which the defendant asserted a claim to privilege, together with an explanation of the nature of the privileged claimed.

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Blog

The Twelve "Laws" of Christmas

Published on 20 December 2016. By Harriet Evans, Associate

With the festive season upon us, we take a look at twelve "laws" and determine their legality with a festive twist.

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Publication

Health and safety law update, December 2016

Published on 19 December 2016. By Nick McMahon, Head of Health and Safety

Welcome to the December issue of our Health & Safety law update.

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Blog

ECON scrutinises EBA's approach to RTS under PSD2

19 December 2016

The EBA Chair has recently appeared before ECON to explain the EBA's approach to the development of RTS on strong customer authentication and secure communications under PSD2, and to answer concerns raised by the committee and others about these RTS.

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Blog

3 Rivers (No5) floods back to potentially drown legal advice privilege?

Published on 19 December 2016. By Emma Griffiths, Senior Associate

A crisp and narrow focus, of particular relevance to US and financial services companies, has just been placed on the terms client, legal advice and lawyers' working papers by two recent first instance cases that have applied the decisions made in 3 Rivers (No5)

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Blog

Who is going to pay? FCA launches consultation on the funding of the FSCS

Published on 16 December 2016. By Lucy Joyce, Senior Associate

The FCA's consultation follows on from FAMR and focuses on how the FSCS should be funded going forward.

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Publication

Life Sciences, December 2016

Published on 16 December 2016. By Dorothy Flower, Partner

Welcome to our final Life Sciences update of 2016. In this edition we cover Wilkes v DePuy (the recent judgment that deals with medical products liability and is a boost for defendants), the Brexit debate continued, fitness trackers making people unfit and insurers and manufacturers preparing for the outbreak of rare diseases.

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Publication

Supreme Court considers the application of SAAMCo to claims against lawyers

Published on 15 December 2016. By Nick Bird, Partner

The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.

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Blog

Court of Appeal confirms criminal offences cover the sale of "grey" goods

Published on 15 December 2016. By David Cran, Partner

The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).

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Blog

Confidential information "oiled" progress of new product development

Published on 14 December 2016. By Louise Morgan, Senior Associate and David Cran, Partner

When is information confidential? A recent case gave cause for the English High Court to clarify.

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Snapshot

Contract formation - Electronic signatures: New Law Society practice note

13 December 2016

The Law Society has issued a new practice note on the “Execution of a document using an electronic signature”.

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Snapshot

ASA/CAP - HFSS food and drink: New online ban in children's media

13 December 2016

In May 2016, the Committee of Advertising Practice (CAP) published a consultation into food and soft drink advertising to children.

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Snapshot

Consumer New - CMA campaign on unfair contract terms

13 December 2016

Following an investigation into business attitudes towards unfair terms in consumer contracts, the CMA has published new practical guidance to assist compliance.

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Snapshot

Consumer New - Pricing Practices Guide

13 December 2016

The Chartered Trading Standards Institute (CTSI) has published new guidance which replaces the former version, being the Department for Business Innovation and Skills’ (BIS) Pricing Practices Guide 2010.

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Snapshot

Nuisance calls

13 December 2016

From Spring 2017, directors can each be fined up to £500,000 by the Information Commissioner's Office (ICO) if their firms are found to be in breach of the Privacy and Electronic Communications Regulations (the Regulations) by making nuisance calls.

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Snapshot

Investigatory Powers Act: Royal assent

13 December 2016

On 29 November 2016, the Queen gave royal assent to the Investigatory Powers Bill, marking the end of the controversial bill’s passage into law.

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Snapshot

TalkTalk: how quickly must you notify a personal data breach?

13 December 2016

How quickly must you notify the ICO following notification of a personal data breach? And what lessons can be learned from the tight timescales currently imposed on communications providers as all businesses head towards 72 hour data breach notification under the GDPR?

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Snapshot

TalkTalk: ICO issues record fine

13 December 2016

The ICO has issued a record £400,000 fine to TalkTalk for failing to keep personal data secure in breach of the Data Protection Act 1998 (DPA).

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Snapshot

Remedies for breach of contract - Scottish Power UK Plc v BP Exploration Operating Company Ltd Company Ltd [2016] EWCA 1043

13 December 2016

Can a party be limited to an exclusive contractual remedy, without the right to claim damages for breach of contract?

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Snapshot

New ICO Code on Privacy Notices Transparency and Control

13 December 2016

The Information Commissioner’s Office (ICO) has recently issued a new Code of Practice on Privacy Notices, Transparency and Control (the Code).

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Snapshot

Warranties - Idemitsu Kosan Co Ltd v Sumitomo Co Corp [2016] EWHC 1909 (Comm)

13 December 2016

Can warranties constitute statements of fact which are actionable as misrepresentations?

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Snapshot

Contractual interpretation - Process Components Ltd v Kason Kek Gardner Ltd 2016 EWHC 2198 Ch

13 December 2016

Should a contract be construed in light of a common assumption between the parties?

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Snapshot

Contractual discretion - Brogden and another v Investec Bank plc [2016] EWCA Civ 1031

13 December 2016

What are the limits on a discretion conferred by a contract?

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Snapshot

Confidential information Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd [2016] EWHC 2448 (CH)

13 December 2016

Does information provided for one purpose (but not under an express NDA), and used by the recipient for its own purposes enable the discloser to bring a claim for breach of confidence?

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Snapshot

Restrictive covenants - Millen v Karen Millen Fashions Ltd & Anor [2016]

13 December 2016

What is the scope of restrictive covenants given by a seller of a business?

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Snapshot

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.

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 Strong, 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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