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CMA ends its investigation into online console gaming subscription practices
The UK Competition Markets Authority (CMA) has now closed its investigation into subscription practices in the online console gaming sector after key players Sony, Nintendo and Microsoft committed to making improvements to their contract terms with a view to better protecting customers.
Read moreFinancial Crime Time - Your update from RPC: 2022 Q2
Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that may affect your business.
Read moreCadwalladr judgment is 'important vindication' for freedom of expression
International law firm RPC reacts to High Court libel trial, as Guardian and Observer journalist wins against Brexit campaigner Arron Banks
Read more'Popping to the shop' a thing of the past?
Have you noticed that overnight, seemingly every poster on London's streets and billboard in its tube stations advertise a service that will magic groceries to your front door in an impossibly short timeframe? These are signifiers of the battle being fought in the instant grocery delivery space.
Read moreHow should employers protect personal data? A review of the Nikkei data breach
The recent investigation report on the hacking of the email systems of Nikkei China (Hong Kong) Limited ("Nikkei") published by the Privacy Commissioner for Personal Data ("PCPD") on 17 February 2022 is a helpful reminder to employers to protect against cyberattacks and ensure compliance with the Personal Data (Privacy) Ordinance (Cap. 486) (the "Ordinance").
Read moreThe Week That Was - 10 June 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreInjunction granted over stolen NFTs held on constructive trust
In a highly anticipated judgment, the Commercial Court in Lavinia Deborah Osbourne v (1) Persons Unknown (2) Ozone Networks Inc held that "there is at least a realistically arguable case" that non-fungible tokens ('NFTs') are to be treated as property in English Law.
Read moreMarex Strikes Again: Giles v Rhind exception to rule against reflective loss is "dead for all intents and purposes"
Despite it being almost two years since the Supreme Court judgment in Marex Financial Ltd v Sevilleja [2020] UKSC 31 considered the principle of reflective loss, the courts continue to grapple with its impacts and effects in relation to existing cases, many of which were stayed pending the appeal.
Read moreHong Kong's Legislative Council approves Cancellation of MPF Offsetting
On 9 June 2022, the Legislative Council passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill, which abolishes the controversial MPF offsetting mechanism.
Read moreTax Bites - June 2022
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreAppeal against discovery assessment allowed as SATR was filed by unauthorised agent
Allowing an appeal by Mr McCumiskey, the First-tier Tribunal held that HMRC's discovery assessment was invalid on the basis that the purported tax-return had been fraudulently filed and had included an unauthorised and unsubstantiated claim for SEIS relief.
Read moreCreating a new class of insurance (With Neta Rozy)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Neta Rozy, CTO of Parametrix, and they will be discussing the creation of a new class of insurance.
Read moreTrade mark infringement: Amazon inadvertently hits its target
Online businesses should take note of a recent Court of Appeal decision, in which Amazon was found to have infringed BEVERLY HILLS POLO CLUB (BHPC) trade marks by targeting and making sales of US branded goods to consumers in the UK and EU (Lifestyle Equities CV v Amazon UK Services Ltd [2022] EWCA Civ 552). The decision also provides a helpful reminder of the relevant case law and the key principles of targeting.
Read moreRPC's burgeoning Insurance Group hires FI and D&O specialist
International law firm RPC has hired Financial Institutions (FI) and Directors' and Officers' (D&O) liability insurance specialist Mike Newham to join the firm's leading Insurance Group in London as Partner.
Read moreSnapshots Summer 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreThe Week That Was - 1 June 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read more'Vigilance and healthy dose of scepticism' are best defence against loan scams
International law firm RPC warns individuals and businesses there is 'unlikely any recourse' for victims of new online fraud
Read moreDirectors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in a failed tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.
Read moreCyber_Bytes - Issue 41
Welcome to latest edition of Cyber_Bytes, our regular round up of key developments in cyber, tech and evolving risks.
Read moreFake it till you make it? The Government says no more to fake reviews plus tightens up on subscription models
The UK Government has confirmed that new consumer rules will come into force to "shield the public from rip-offs and boost competition". Although not confirmed when these will be introduced, the top three issues on its hit list are fake reviews, "subscription traps" and prepayment schemes.
Read moreRPC bolsters its International Arbitration and Disputes capabilities with heavyweight Partner hire
Lateral Partner hire Shai Wade to become RPC's head of International Arbitration.
Read moreThe Week That Was - 27 May 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreFCA Review of AML failings at challenger banks
Throughout 2021, the FCA conducted a detailed review into the financial crime controls of challenger banks as they continued to enter the UK financial industry at a rapid pace. Their surge in popularity is partially linked to the Covid-19 pandemic, which has prompted significant changes in the habits of service providers worldwide. Whilst the FCA's review indicated some evidence of good practice, it is clear that challenger banks must do more to reduce the significant risks of financial crime occurring both at the time of customer onboarding and throughout the subsequent customer journey.
Read moreThe Fire Safety Act – An update
Since the Fire Safety Bill received Royal Assent on 29 April 2021, it has been in limbo, waiting for its provisions to be brought into force. This has now happened, at least in part, with the publication of the Fire Safety (England) Regulations 2022 (the Regulations) made under article 24 of the Fire Safety Order (the FSO).
Read moreWhat if the CEO asks me about…. a visit from an Environmental Health Officer
Whilst Environmental Health Officers ("EHO") are often thought to be solely responsible for inspecting food safety requirements, their responsibilities are far wider, including monitoring and enforcing health and safety legislation, and issues relating to public health (such as food hygiene and pest infestations). Their remit extends across a large range of industries, including restaurants, hotels and retail premises.
Read moreGleeson Privies: Can non-parties to an arbitration be estopped by it?
The recent judgment in PJSC National Bank Trust and others v Boris Mints and others(1) clarifies that arbitral proceedings can give rise to an issue estoppel or abuse of process claim against a non-party who is a "privy" of a party to the arbitration. However, the court observed that this would be exceptional given the contractual and confidential nature of arbitration.
Read moreV@ update - May 2022
Welcome to the May 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreLawyers Covered - May 2022
Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.
Read moreGeneral Liability newsletter – May 2022
Welcome to the latest edition of our general liability newsletter, rounding up some of the key cases from the last few months.
Read moreDismissal for refusing to attend work during Covid-19 lockdown: automatically unfair?
The Employment Appeal Tribunal (EAT) has found the dismissal of an employee, who refused to attend work during the first Covid-19 lockdown due to concerns about his vulnerable child, was not automatically unfair.
Read moreCentre of vital interests tiebreaker test saves taxpayer over £10 million
High net worth individual on right side of centre of vital interests tiebreaker test.
Read moreModel Articles deemed unsuitable for sole director companies
A recent decision of the High Court in Hashmi v Lorimer-Wing [2022] EWHC 191 (Ch) has suggested that the model articles for private companies are not suitable for companies with a sole director appointed.
Read moreCentre for Legal Leadership and ULaw launch new course to 'empower' senior lawyers
The Centre for Legal Leadership (CLL) has teamed up with the University of Law (ULaw) to launch a new course aimed at developing senior in-house lawyers.
Read moreCustoms and excise quarterly update - May 2022
Welcome to the May 2022 edition of RPC's Customs and Excise Quarterly Update. In order to enhance your reading experience, we have adapted the format. We hope you like it
Read moreCatastrophe Risk Modelling (With Karen Clark)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Karen Clark, Co-Founder of Karen Clark & Company and they will be discussing catastrophe risk modelling.
Read moreAre you a "person discharging managerial responsibility"? High Court clarifies meaning of PDMRs under FSMA
In a recent interim decision in Allianz Global Investors GmbH and Ors v G4S Ltd (formerly G4S plc) [2022] EWHC 1081 (Ch), Mr Justice Miles clarified the scope of the expression "persons discharging managerial responsibility" ("PDMRs") for the purpose of establishing liability under s.90A and Schedule 10A of Financial Services and Markets Act 2000 ("FSMA").
Read moreAre you a "person discharging managerial responsibility"? High Court clarifies meaning of PDMRs under FSMA
In a recent interim decision in Allianz Global Investors GmbH and Ors v G4S Ltd (formerly G4S plc) [2022] EWHC 1081 (Ch), Mr Justice Miles clarified the scope of the expression "persons discharging managerial responsibility" ("PDMRs") for the purpose of establishing liability under s.90A and Schedule 10A of Financial Services and Markets Act 2000 ("FSMA").
Read moreBeware the client who is too busy to litigate
Clients need to understand from the outset of litigation not only how significant the cost of litigation can be, but also the time commitment.
Read moreTake 10 - 20 May 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreThe Case of The Missing Crypto
What should you do if your crypto is stolen?
Read moreSports Ticker (20 May 2022) - Rugby World Cup, BT x Warner Bros Discovery merger and the end of EA x FIFA's partnership- a speed-read of commercial updates from the sports world
In a fortnight which saw Jake Daniels become the UK's first active male professional footballer to come out publicly as gay – sparking significant support from across the sport, the agreed sale of Chelsea FC for £4.25 billion, and Rob Edwards join Watford FC amidst some discontent from his (soon to be) former club Forest Green, we feature updates on the Rugby World Cup, BT and Warner Bros Discovery pay-TV deal, and the end of a 30-year partnership between EA and FIFA. We also provide updates on the BBC and Talksport's purchase of Premier League audio rights and F1's increased fan base following the success of Drive to Survive.
Read moreIrrelevant to any issue in the proceedings? High Court orders complete re-review of party's redactions under disclosure pilot scheme
In JSC Commercial Bank Privatbank v Kolomoisky and other the English court determined that, having adopted an unduly narrow approach to relevance, the first defendant should conduct a complete re-review of each of over 6,000 WhatsApp messages in order to determine whether the redactions that had been applied could be maintained, and to provide further information about each redacted message.
Read moreThe Week That Was - 20 May 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read more1.5 million square metres added to distribution warehouse centres in past year – as e-commerce booms
Large distribution warehouse centres saw an extra 1,500,000m²* in space added last year, the equivalent of 210 football pitches, according to RPC, the international law firm.
Read moreMariana v BHP may expand scope of environmental group litigation
The much-anticipated Court of Appeal decision on a claim resulting from Brazil's worst environmental disaster could herald a new era for group litigation against multinationals in the English courts.
Read moreHMRC's civil and criminal powers
HMRC has been provided with extensive and wide-ranging powers, which have increased exponentially in recent years. This article considers HMRC’s main investigatory and assessment powers, by reference to its general enquiries, as well as specific/aspect enquiries, including criminal investigations.
Read moreFootball regulator heralds new era for The Beautiful Game
Last month, sports minister Nigel Huddleston formally confirmed the government’s support for the 10 strategic recommendations set out in the final report published last December by the independent fan-led review into governance, ownership and sustainability in English football.
Read moreAccounting rules prevail following HMRC loss in the Supreme Court
Dismissing an appeal by HMRC, the Supreme Court in HMRC v NCL Investments Ltd and another [2022] UKSC 9, held that deductions for corporation tax purposes are allowable for grants of employee share options.
Read moreIs the crypto market at the end of its Tether?
The crashing out of Terra has unleashed fears of unsettled investors, rising disputes and fraud exposure.
Read morePrivy Council decides that banks owe no Quincecare duty to a beneficial owner of monies in an account
A bank does not owe the beneficial owner of account monies any duty of care in negligence, including any Quincecare duty: this was the conclusion of the Privy Council in the Isle of Man case Royal Bank of Scotland International Ltd v JP SPC4 and another. The appeal concerned a fraud where the account holder had defrauded the beneficial owner of the monies, an investment fund, by paying funds out of the relevant bank accounts in contravention of a legitimate investment scheme.
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