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Blog

Business rate hikes about to hit retailers

08 February 2017

Retailers are bracing themselves for increased property costs in the form of newly calculated business rates which take effect in April 2017.

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Publication

Make insolvency great again

08 February 2017

One of the great criticisms of the new President of the United States of America is that his companies filed for bankruptcy four times when he was a business mogul.

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Publication

Brexit does not spell the end of the GDPR

08 February 2017

The General Data Protection Regulation (the GDPR) is due to become law on 25 May 2018. As this will be before “Brexit” (Britain’s exit from the EU) takes effect, the GDPR will apply in the UK from that date.

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Blog

Court of Appeal upholds Financial List decision on application of Rome Convention to derivative instruments

Published on 08 February 2017. By Charlotte Henschen (née Ducker), Senior Associate and Simon Hart, Partner

The Court of Appeal has upheld a decision from the first trial heard within the new Financial List regarding the application of the Rome Convention to derivative instruments.

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Blog

VAT recovery on management buyout fees

Published on 07 February 2017. By Michelle Sloane, Senior Associate

In Heating Plumbing Supplies Limited [2016] UKFTT 753, the First-tier Tribunal (FTT) allowed a VAT group's appeal against HMRC's denial of input tax recovery on advisory fees incurred in a management buyout.

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Blog

Security for costs – be reasonable!

07 February 2017

A recent Judgment in Hong Kong on a security for costs application reinforces the wide discretion of the Court as to the form and quantum of security which should be accepted

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Publication

Buyer’s solicitor beware!

06 February 2017

Is it safe to act for a purchaser in a property transaction?

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Blog

M&A deal trends

Published on 06 February 2017. By Jonathan Charwat, Senior Associate

Deal trends for the UK M&A market in 2017

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Blog

The Survey Says! EU General Court decides on requirements for evidence on distinctive character

Published on 03 February 2017. By Henry Priestley, Senior Associate and Jani Ihalainen, Paralegal

A decision by the General Court highlights the requirement for comprehensive evidence of genuine use when seeking to prove acquired distinctiveness in relation to 3D marks in the EU.

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Blog

Electronic Signatures – the future of executing documents?

03 February 2017

You could be forgiven for failing to spot the release of The EU Regulation on Electronic Identification and Trust Services in the Internal Market (910/2014/EU) (the Regulation), released post EU referendum. We consider the impact of this and the Law Society's Guidance Note on electronic signatures (the Guidance Note).

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Press and Media

Number of M&A deals in retail sector drops by 23% in a year

01 February 2017

Retail sector deals now at a three year low: Private Equity steps back hoping for lower prices

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Publication

Tax update, February 2017

Published on 01 February 2017. By Adam Craggs, Partner

Non-domiciled tax reforms. Disguised remuneration. HMRC's proposals surrounding offshore structures.

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Blog

Trainees Take on 2017: another year of surprises?

Published on 01 February 2017. By Chloe Johnston, Associate

2016 was the year of news which no one could have guessed, so perhaps the RPC trainees have taken on the impossible with “predictions” for 2017! This year will see life-changing decisions made on both sides of the Atlantic come to a head: Trump was sworn in on 20 January and the UK will begin the process of untangling itself from the EU in March. These events, amongst others, will surely make for another rollercoaster of a year, so read on to see what else we think might happen over the next 12 months.

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Blog

Tribunal allows tax deduction for motor racing sponsorship payments

Published on 01 February 2017. By Alexis Armitage, Associate

In The Crown and Cushion Hotel (Chipping Norton) Ltd v HMRC [2016] UKFTT 765 (TC), the First-tier Tribunal (FTT) allowed the appeal of the appellant company against HMRC's disallowance of expenditure it had incurred in sponsoring a racing driver who was the daughter of its sole director. The FTT concluded that the payments were made "wholly and exclusively" for the purposes of the company's trade as required by section 54, Corporation Tax Act 2009 (CTA).

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Press and Media

Head of Insurance James Miller takes up Managing Partner role at RPC

30 January 2017

Starts with immediate effect, inheriting leadership of RPC following five year organic 11.5% compound profit and revenue growth.

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Publication

Corporate tax update, final quarter 2016

30 January 2017

Welcome to the latest edition of our corporate tax update, written by members of RPC’s tax team and published quarterly. In this final 2016 edition we highlight some of the key tax developments of interest to UK corporates from the final quarter of 2016.

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Blog

Going for Gold: A New Code for Sports Governance

Published on 30 January 2017. By Joshua Charalambous, Associate

Any sports body or organisation that wishes to rely on public funding must now comply with a new Code for Sports Governance, and it requires preparation now.

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Publication

VAT update, January 2017

Published on 26 January 2017. By Adam Craggs, Partner

In this month’s update we report on new penalty legislation which the government intends to introduce for businesses participating in VAT fraud, HMRC’s consultation on VAT grouping and proposed new legislation to tackle the exploitation of VAT relief on adapted cars for wheelchair users.

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Blog

Tribunal allows taxpayer's appeal against discovery assessment

Published on 24 January 2017. By Nicole Kostic, Senior Associate

In Paul Munford v HMRC [2017] UKFTT 019 (TC), the First-tier Tribunal (FTT) considered the validity of a discovery assessment which had been issued by HMRC pursuant to section 29, Taxes Management Act 1970 (TMA) and allowed the taxpayer's appeal on the basis that HMRC had not discharged the burden of proving, for the purposes of section 36(1A), TMA, that the taxpayer had deliberately brought about a loss of capital gains tax.

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Publication

Investment funds, January 2017

Published on 19 January 2017.

Senior Manager’s Regime and its applicability to all regulated firms - The FCA is consulting on extending the Senior Managers and Certification Regime (SM&CR) to all regulated financial services firms in 2018, which will include many managers of investment funds.

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Publication

TerraLex Cross-Border Copyright Guide 2017

Published on 19 January 2017. By Paul Joseph, Partner

We are delighted to present the TerraLex Cross-Border Guide to Copyright 2017.

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Blog

Nvidia sweats over Hardware Labs' "threats"

Published on 19 January 2017. By Ciara Cullen, Partner

Nvidia’s attempt to bring a groundless threats action against Hardware Labs in the English High Court has failed.

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Publication

General Liability update, January 2017

Published on 18 January 2017. By Gavin Reese, Partner

In this issue we consider how Insurers might secure the evidence needed to defend long-tail disease claims, with the collateral benefit of reducing the risk of more immediate prosecution by the Health and Safety Executive for non-compliance with Health and Safety Regulations.

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Blog

Tribunal refuses to allow HMRC to rely upon section 114 TMA to cure its mistakes

Published on 18 January 2017. By Michelle Sloane, Senior Associate

In Chartridge Developments Limited v Revenue and Customs Commissioners [2016] UKFTT 766, the First-tier Tribunal (FTT) allowed (in part) the taxpayer's appeal against penalties imposed for late filing of annual tax on enveloped dwellings (ATED) returns under section 161(3), Finance Act 2013, and refused to allow HMRC to rely upon section 114 Taxes Management Act 1970 (TMA).

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Press and Media

RPC advises Besso Insurance Group on its acquisition by global brokerage company BGC Group

17 January 2017

RPC has advised Besso Insurance Group, the leading Lloyd’s of London broker, on its acquisition (subject to completion) by BGC Group.

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Blog

Insurance Companies and the Modern Slavery Act

Published on 17 January 2017. By Jonathan Charwat, Senior Associate

As the new financial year is soon to arrive, companies will soon have to file their Slavery and Human Trafficking (SHT) statements. RPC has previously written about their general applicability and now will examine its impact on insurance companies.

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Blog

Tribunal finds for the taxpayer in "income" versus "capital" payment dispute

Published on 11 January 2017. By Robert Waterson, Partner

In James Allan Thornton v HMRC [2016] UKFTT 767 (TC), the First-tier Tribunal (FTT) considered the distinction between income and capital payments in the context of a settlement relating to rental property and held that a settlement payment made to a landlord as compensation for dilapidations to his property was a capital receipt.

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Blog

Sugar tax: a sweet deal?

Published on 10 January 2017. By George Barratt, Associate

The government is trying to curb the nation's sweet tooth this new year, with plans to introduce a new levy on sugary drinks.

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Publication

Annual Insurance Review 2017

Published on 09 January 2017. By Simon Laird, Global Head of Insurance

Last year we identified the standout insurance law event of 2015 as the impending introduction of the Insurance Act 2015. Little did we anticipate the tumultuous events of 2016 that would shake up the global economic markets as a whole.

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Blog

Garden Villages - are they necessary?

09 January 2017

A recent Government announcement has proposed 14 sites across England to be the first garden villages, with 3 further sites to be new garden towns. But with a country full of deserted and derelict buildings, are garden villages and towns the only way forward?

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Publication

Draft Finance Bill 2017 - partial closure notices

Published on 06 January 2017. By Adam Craggs, Partner

Tax analysis: we welcome the new rules on partial closures of tax enquiries and point out that the inflexibility in the current enquiry framework can lead to complex or multi-issue tax disputes taking an excessive amount of time to be resolved.

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Publication

Draft Finance Bill 2017—off-payroll working in the public sector

Published on 05 January 2017. By Michelle Sloane, Senior Associate

Tax analysis: Adam Craggs, partner at RPC, and Michelle Sloane, senior associate at the firm, explain the reformed off-payroll rules for public sector engagements under the Finance Bill 2017.

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Blog

Policing the internet - an age old problem

Published on 05 January 2017. By Joseph Byrne, Associate

Porn, violence, gambling – how we deal with these taboos of the digital age is a big question, and one which the UK government has started to tackle.

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Blog

Peer review: FCA signals tighter regulation for P2P lending platforms

Published on 03 January 2017. By Matthew Wood, Senior Associate

The FCA has indicated its intention to apply more stringent regulation to the UK's booming peer-to-peer lending sector, amid concerns that increasingly sophisticated lending platforms are outgrowing the current regulatory regime.

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Blog

Upper Tribunal confirms that right to make VAT repayment claims belongs to representative member of VAT Group

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

In HMRC v MG Rover Group Limited; Standard Chartered PLC v HMRC [2016] UKUT 434, the UT has confirmed that section 43, Value Added Tax Act 1994 (VATA) required repayment rights under section 80, VATA, to be held only by the representative member both before and after they have left the group or the group has been dissolved.

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Blog

GMAC (UK) Plc – Court of Appeal finds VAT bad debt relief provisions incompatible with EU law

Published on 29 December 2016. By Michelle Sloane, Senior Associate

In HMRC v GMAC (UK) Plc [2016] EWCA Civ 1015, the Court of Appeal has held that the UK's legislation, which barred bad debt relief claims unless the debtor was insolvent and the property in the goods had passed, was incompatible with EU law.

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Publication

Court of Appeal applies Wellesley to a claim against lawyers

22 December 2016

On 21 December 2016 Lord Justice Jackson and Lord Justice Patten overturned a loss of chance judgment for £2m against lawyers on the grounds that the damage was too remote.

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Blog

Another meander through Three Rivers (No 5): the scope of legal advice privilege

Published on 22 December 2016. By Parham Kouchikali, Partner

The High Court rejected RBS' claim that interview notes taken by the bank and its external lawyers in the course of two internal investigations were privileged.

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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, Senior 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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