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Blog

Another bad bargain upheld: Wood v Sureterm Direct Ltd [2017] UKSC 24

Published on 23 June 2017. By Matthew Evans, Senior Associate and Geraldine Elliott, Partner

The Supreme Court has dismissed an appeal in Wood v Sureterm Direct Ltd. The Court upheld the Court of Appeal's decision on the meaning of an indemnity clause, and agreed with its application of established contractual interpretation doctrine. The decision confirms the established judicial approach to contractual interpretation, namely the focus on the words of a given clause.

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Blog

Fitness and a Full Time Job

23 June 2017

With sedentary and time-consuming jobs, it can be difficult to find the time to get the recommended level of exercise in each week. Rebecca May considers how to juggle fitness and a full time job.

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Publication

FCA consultation on pension transfers – what does it mean for advisers?

Published on 22 June 2017. By Robert Morris, Partner

The FCA threatened it and now we have it – on 21 June the FCA published its consultation paper on DB transfers and safeguarded benefit conversions.

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Blog

Pitcher - Tribunal finds in favour of taxpayer in APN penalty appeal

Published on 19 June 2017. By Robert Waterson, Partner

In Graham Pitcher [2017] UKFTT 0406 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty for non-payment of an Accelerated Payment Notice (APN) due to defects in the APN.

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Press and Media

UK product recalls reach new high - up 48% in a year

Published on 19 June 2017. By Gavin Reese, Partner

The number of UK product recalls has hit a new high, increasing 48% in a year, to 575* in 2015/16 up from 388 in 2014/15, says City law firm RPC.

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Blog

Election results a mixed bag for retailers

Published on 14 June 2017. By Karen Hendy, Head of Corporate and Charlotte Thompson, Associate

The immediate impact of last week’s election was a mixed bag for retailers in the UK, with some share prices falling whilst others were on the up following the result.

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Blog

Full and frank disclosure – how independent is your expert witness?

Published on 14 June 2017. By Tim Brown, Partner

This Court of Appeal judgment considers the admissibility of expert evidence where the expert failed to disclose details of a professional relationship with a party.

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Blog

Even More Challenging Times – 5 More Risks Following The Grant of Planning Permission

14 June 2017

This post is the second in a two-part series in which we highlight ten areas where the risk of a third party challenge against the grant of planning permission might arise. The list we have given is not exhaustive, but all issues fall within the broad parameters for judicial review grounds, being decisions which have been taken irrationality, ultra vires (outside the scope of the authority's powers), or with procedural irregularity.

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Publication

Election result may be a boost for insurers of highly regulated products

Published on 13 June 2017. By Peter Rudd-Clarke, Legal Director

The political uncertainty following last week’s general election could in fact be good news for insurers of heavily regulated products, such as medical devices.

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Publication

Election result may be a boost for insurers of highly regulated products

Published on 13 June 2017. By Peter Rudd-Clarke, Legal Director

The political uncertainty following last week’s general election could in fact be good news for insurers of heavily regulated products, such as medical devices.

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Publication

First advice/information decision after BPE

Published on 13 June 2017. By Nick Bird, Partner

On 19 May 2017 His Honour Judge Moulder handed down his judgment in the case of the Halsall and others v Champion Consulting Ltd and others [2017] EWHC 1079 (QB).

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Blog

Archer: judicial review in the context of statutory tax appeals

Published on 13 June 2017. By Michelle Sloane, Senior Associate

The High Court's judgment in R (on the application of Archer) v HMRC [2017] EWHC 296 (Admin) is one of a number of recent decisions where it has been found that the taxpayer had not challenged HMRC's decision in the correct forum.

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Snapshot

ASA New CAP guidance on children and age restricted ads online

12 June 2017

What steps must advertisers take to prevent children from seeing age-restricted ads? How far must “interest-based factors” be taken into account?

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Snapshot

ASA Ruling on Associated Newspapers Ltd t/a Daily Mail – reasonable estimate of demand for promotions

12 June 2017

What constitutes a “reasonable estimate of the likely response” to a promotion?

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Snapshot

ICO revised code of practice for dealing with subject access requests

12 June 2017

The ICO has recently published a revised Code of Practice on subject access requests (SARs).

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Snapshot

ASA New CAP guidance on prize draws including the Northern Irish anomaly

12 June 2017

Why are “no purchase necessary” (NPN) entry routes still required in Northern Ireland but not in the rest of the UK? And what does CAP have to say about it?

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Snapshot

ICO guidance on consent under the GDPR – the latest

12 June 2017

The Information Commissioner’s Offce (ICO) ran a consultation on the draft guidance on consent under the General Data Protection Regulation (GDPR) this springtime.

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Snapshot

Cloud: EBA encourages banks to pool their resources for cloud audits

12 June 2017

The European Banking Authority (EBA) has made clear that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

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Blog

Responsibility of a parent company for the acts of its subsidiary

12 June 2017

The Court provided helpful analysis of the circumstances in which a parent company owes a duty of care with regard to operations carried out by its subsidiary. The case is interesting to examine in the context of the readiness of the English courts to hear claims relating to conduct outside of the jurisdiction brought by foreign claimants.

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Snapshot

Online platforms and consumers

12 June 2017

EU Commission requires social media companies to comply with consumer rules

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Snapshot

Liability clauses Limiting liability McGee Group Ltd v Galliford Try Building Ltd 2017 EWHC 87 TCC

Published on 12 June 2017. By Oliver Bray, Partner

How do the courts interpret limitation clauses?

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Snapshot

Reasonable endeavours? – Astor management AG v Atalaya Mining plc [2017] EWHC 425 (Comm)

12 June 2017

When is an “all reasonable endeavours” obligation unenforceable?

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Snapshot

Payment practices

12 June 2017

Duty to report on payment practices and performance

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Snapshot

Trademark infringement: Azumi Limited v Zuma's Choice Pet Products Ltd [2017] EWHC 609

12 June 2017

Did the sale of pet food by reference to the "ZUMA" brand infringe the trade mark rights of a high end restaurant operating under the same brand?

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Snapshot

ASA: New CAP guidance on promotional T&Cs

12 June 2017

How and when should promotion T&Cs be flagged to consumers?

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Snapshot

Online platform B2B practices

12 June 2017

European Commission set to legislate on trading practices of online platforms

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Snapshot

Payment practices

12 June 2017

Duty to report on payment practices and performance

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Snapshot

The march of the SARs: Dawson-Damer v Taylor Wessing LLP [2017] EWCA Civ 74; and Ittihadieh v 5-11 Cheyne Gardens & Ors and Deer v Oxford University [2017] EWCA Civ 121

12 June 2017

When can legal professional privilege (LPP) be used to block a subject access request (SAR)? And when can the “disproportionate effort” exemption be used to block a SAR?

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Snapshot

ICO issues fines for emails seeking consent to marketing

Published on 12 June 2017. By Adam Forster, Senior Associate

The ICO has fined Flybe and Honda a total of £83,000 for emails sent to customers to obtain consent to future marketing messages.

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Blog

Will robo-advice mean checkmate for human financial advisers?

Published on 09 June 2017. By George Smith, Senior Associate

With continuing advances in artificial intelligence and the rise in 'robo-advisers', is financial advice following in the footsteps of chess, where computers have long since outstripped humans in ability? Are human financial advisers nearing checkmate or is the endgame still unclear?

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Publication

Health and safety law update, June 2017

Published on 09 June 2017. By Nick McMahon, Head of Health and Safety

This issue includes details on The Sentencing Council publishing a new guideline for entering an early guilty plea, in addition to the most recent fines and sentences imposed on companies around the UK.

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Blog

Tackling the Problem of Fake News

08 June 2017

It is widely believed that fake news has had an impact on some of the most controversial recent political decisions.

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Blog

Why the winner won't take it all in tomorrow's General Election

07 June 2017

William Kark, RPC Trainee, considers the other key players - such as backbenchers, House of Lords, Gina Miller - in the General Election on 8 June 2017.

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Blog

Lightning in a Bot-tle – political conversation in the age of automation

Published on 06 June 2017. By Jonathan Greenway, Associate

Robots are responsible for one in eight tweets about the General Election.

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Blog

Challenging Times - 5 Risks Following The Grant of Planning Permission

06 June 2017

Developers and local authorities will be only too aware that third parties can challenge a grant of planning permission through the courts by way of a judicial review. An application for such a challenge is costly, and must be made quickly. Further, it can only be brought on limited grounds. Whilst this may offer a developer or local authority some comfort, it is worth being aware of some of the more common grounds of challenge so that steps can be taken to minimise the risk of these arising.

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Press and Media

Number of FCA dawn raids remains subdued as crisis-era investigations wind down

05 June 2017

The Financial Conduct Authority (FCA) has executed just seven dawn raids* in the last year as the regulator's crackdown against financial crisis era crime slowly winds down, says City headquartered law firm RPC.

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Blog

Brexit means Brexit?

Published on 05 June 2017. By Emily Rome, Associate

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Blog

EBA encourages banks to pool their resources for cloud audits

Published on 02 June 2017. By Joseph Byrne, Associate

The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

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Publication

Exemption clauses have teeth ‒ negotiate contracts carefully

Published on 02 June 2017. By Ben Goodier, Partner and Claire McNicholl, Senior Associate

The Court of Appeal has recently provided guidance on the application of the contra preferentum rule.

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Blog

Impact of the EU’s distribution regime remains unclear

Published on 02 June 2017. By Matthew Griffith, Partner

Intermediary market heading for change with Insurance Distribution Directive’s introduction

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Blog

Rendall - Tribunal reduces penalties imposed for failure to file a partnership return to nil

Published on 01 June 2017. By Constantine Christofi, Associate

In Rendall v HMRC [2017] UKFTT 356 (TC), the First-tier Tribunal (FTT) has reduced penalties imposed on partners for failure to file a partnership return on time to nil as the requisite information had already been disclosed to HMRC in the partners' personal self-assessment returns.

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Snapshot

The Audio-Visual Media Services Directive

01 June 2017

The proposed new AVMS Directive: key features and the impact of Brexit

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Snapshot

Online platform liability: Global web companies seek EU clarity on liability for user content fake news

01 June 2017

Global web companies seek EU clarity on liability for user content/fake news

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Publication

Tax update, June 2017

Published on 31 May 2017. By Adam Craggs, Partner

In this update we report on the scope of the Criminal Finances Bill as it receives Royal Assent; HMRC guidance updates for businesses, individuals and agents on how to make disclosures of unpaid tax; and HMRC’s further consultation on Making Tax Digital.

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Blog

FCA review of suitability finds big is best

31 May 2017

Bigger, restricted firms scored better in the FCA's suitability review and so supervisory focus will be on smaller firms as the FCA plans a follow up review in 2019.

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Blog

Tager – Application to suspend penalties for failing to comply with information notices rejected

Published on 30 May 2017. By Alexis Armitage, Associate

In HMRC v Romie Tager QC the Personal Representative of Osias Tager [2017] UKUT 161 (TCC), the Upper Tribunal (UT) refused an application that it should exercise its discretion under Rule 5(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (the Upper Tribunal Rules) and suspend the effect of its decision to impose tax-related penalties for failing to comply with information notices, pending an appeal to the Court of Appeal.

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Blog

欧州M&A最前線 2017年5月

Published on 26 May 2017. By Nigel Collins, Partner, Head of Japan Desk

市場とメディアは間もなく実施される英総選挙やトランプ米大統領提訴の可能性、先のサイバー攻撃の話題で持ち切りだが、英国では交渉中のM&A(企業の買収・合併)案件数が増えており、投資継続への意欲も高いように見える。これらの交渉の多くが実現するかは、時が経って初めて分かるだろう。

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Blog

A Simple Twist of ATE

Published on 25 May 2017. By Philip McCormack, Associate

This blog considers the pitfalls of over-reliance on ATE cover and suggested solutions.

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