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Blog

Serving up the truth, the whole truth and nothing but the truth?

Published on 05 July 2019. By Davina Given, Partner

The Court has reminded us that the duty of full and frank disclosure applies to any application made without notice to the other party. Although this is most typically an issue in applications for injunctions, permission to serve a claim out of the jurisdiction was recently set aside on the grounds of the claimant's failure to disclose to the Court a potential limitation defence to the claim.(1)

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Blog

The Medical Devices Regulation 2017 and good business practice

Published on 05 July 2019. By Peter Rudd-Clarke, Legal Director

When it comes to risk management, businesses in general should take note of the issues covered by the Medical Devices Regulation 2017

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Snapshot

Philip Morris burned by its own internal rules on influencer marketing

04 July 2019

How careful do you need to be when using youthful-looking influencers to promote e-cigarettes?

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Snapshot

CAP: naming prize winners and marketing to children

04 July 2019

When is it necessary to obtain the consent of a parent or guardian to use a child’s data for marketing? What process should be adopted in terms and conditions for announcing winners of competitions and prize draws?

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Snapshot

Judicial review of ASA decision on “average consumer” test

04 July 2019

Had the Advertising Standards Authority (ASA) correctly applied the “average consumer” test when deciding that the use of the term “fibre” in ads for part-fibre broadband was not materially misleading?

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Snapshot

ASA ruling on Vodafone pricing

04 July 2019

Did Vodafone exaggerate the price at which it could offer consumers broadband?

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Snapshot

“Was/now” price claims: Zestify Media

04 July 2019

What price can be stated as the “was” price to represent a genuine saving when compared with the “now” price?

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Snapshot

Lidl held to mislead consumers with cheesy price comparison

04 July 2019

In making price comparisons with a competitor, do you need to take account of their promotional pricing?

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Snapshot

CAP issues guide on comparative advertising campaigns

04 July 2019

What must marketers consider when running a comparative advertising campaign?

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Snapshot

CMA investigates customers’ auto-renewal terms in online gaming terms and conditions

04 July 2019

How might the CMA’s investigation into auto-renewals and other potentially unfair terms in online gaming contracts affect wider industry?

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Snapshot

No obligation to provide consumer telephone lines: Amazon

04 July 2019

In the proceedings brought by the German federation of consumer associations against Amazon, the Advocate General found that a trader does not have to provide a telephone number as long as the consumer can contact the trader quickly, the information provided is clear and accessible and communication can happen effectively.

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Snapshot

“New Deal for Consumers” Directive

04 July 2019

What is the “New Deal for Consumers” Directive? Where has it got to? And how will it impact my business?

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Snapshot

Pensions company fined for unsolicited emails following inaccurate advice

04 July 2019

How far can you avoid culpability for a data marketing data breach on the grounds that you were given faulty legal advice or that a third party conducted the marketing campaign on your behalf?

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Snapshot

PPI claims company fined £120,000 by the ICO for spam texts

04 July 2019

Will a data controller be held responsible where a third party acting on its behalf breaches data privacy laws?

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Snapshot

HMRC issued enforcement notice by ICO for use of biometric data

04 July 2019

When is consent sufficient for collecting, processing and using biometric data?

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Snapshot

ICO: Age Appropriate Design Code for information society services

04 July 2019

What steps does the Information Commissioner’s Office (ICO) require to ensure adequate protection of children online?

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Snapshot

Pre-ticked boxes and cookies consents: Planet49

04 July 2019

Is unticking a box sufficient to meet the consent requirements for the installation of cookies? Separately, can you agree to sharing your data with third parties in order to gain entry to a prize draw?

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Snapshot

European Data Protection Board issue guidelines on contractual processing for online services

04 July 2019

When is it appropriate for Information Society Services (ISSs) to process personal data on the basis that it is “necessary for the performance of a contract”?

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Snapshot

Notifying data subjects of processing under the GDPR

04 July 2019

What are proportional measures to take when meeting the informational obligation imposed on data controllers?

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Snapshot

Internet of Things – DCMS consultation on security for consumers

04 July 2019

What are the Government’s proposals for ensuring the security of everyday items which are always connected to the internet (Internet of Things)?

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Snapshot

Government response to DCMS report on disinformation and fake news

04 July 2019

What does the Government’s response to the Digital, Culture, Media and Sport (DCMS) select committee report on disinformation mean for businesses with an online presence?

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Snapshot

New EU Platform for Business Regulation: improving fairness of the trading practices of online platforms

04 July 2019

What are the EU’s proposals for improving trading practices in the online economy?

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Snapshot

Online Harms White Paper proposes regulatory framework to entrench online safety

04 July 2019

Can the UK become the safest place in the world to go online?

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Snapshot

Fraudulent Misrepresentation and non-party losses

03 July 2019

What are the requirements for fraudulent misrepresentation? Can a non-party supplier claim loss of profit under a terminated contract?

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Snapshot

‘Relational’ contracts and the implied duty of good faith

03 July 2019

Which characteristics will the court consider when deciding whether a contract is “relational” and therefore subject to an implied duty of good faith?

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Snapshot

Benefiting from the Contracts (Rights of Third Parties) Act

Published on 03 July 2019. By David Cran, Partner

Can third parties that are not easily identifiable benefit from the Contracts (Rights of Third Parties) Act 1998?

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Snapshot

Consultation on Distributed Ledger Technologies Cryptoassets and Smart Contracts

03 July 2019

What is the legal status of cryptoassets and smart contracts?

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Snapshot

When can the court not apply the cost consequences of Part 36 offers?

03 July 2019

When can the court not apply the cost consequences of Part 36 offers?

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Blog

Haworth – Court of Appeal confirms HMRC misdirected itself and quashes payment notices

Published on 03 July 2019. By Adam Craggs, Partner and Constantine Christofi, Associate

The recent unanimous judgment of the Court of Appeal in R (on the application of Haworth) v HMRC [2019] EWCA Civ 747, is the first successful judicial review challenge against follower and accelerated payment notices. The decision throws into question the way in which the relevant statutory provisions, contained in Finance Act 2014 (FA 2014), relating to follower and accelerated payment notices have been interpreted and operated by HMRC and as a consequence, many other notices may also have been issued by HMRC unlawfully.

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Publication

Tax update - July 2019

03 July 2019

In this month’s update we report on HMRC’s updated guidance on the meaning of “ordinary share capital”, the Law Society’s response to HMRC’s off-payroll working rules consultation and changes to the principal private residence ancillary reliefs.

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Blog

RPC provides response to 'Online harms' consultation

02 July 2019

This consultation response is submitted on behalf of RPC's Tech Group*. RPC is an international law firm with offices in London, Bristol, Hong Kong and Singapore. RPC acts for a range of clients from start-ups to multi-nationals in the technology, media, and retail sectors and for their insurers. RPC's Tech Group provides specialist advice on regulation, content liability, commercial contracts, outsourcing, data protection, cyber, intellectual property, e-commerce, and investigations and disputes. Views expressed in this submission do not necessarily represent those of our clients.

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Blog

Reforms to the FA's Regulations on Working with Intermediaries

Published on 01 July 2019. By Joshua Charalambous, Associate and Charlie Gould, Trainee Solicitor

RPC summarise the key changes to the FA's Regulations on Working with Intermediaries (the "Regulations"), and offer practical tips to agencies, clubs and players to manage their impact.

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Press and Media

FCA investigations into individuals double in 2018

01 July 2019

FCA investigations into individuals have doubled in the last year, with the number of cases involving individuals being referred to the FCA’s Regulatory Decisions Committee (RDC) rising to 27 in 2018 (year end Dec 31) from 13 the year before*, says RPC, the City-headquartered law firm.

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Blog

Court of Appeal makes rare order for rectification, with interesting consequences…

Published on 28 June 2019. By Alan Williams, Partner and Rebecca Birkby, Senior Associate

The Court of Appeal has ordered rectification resulting in one party being in breach of warranty and liable pay damages. In Persimmon Homes Limited v Hillier and Creed [2019] EWCA Civ 800, the dispute centred on whether all plots of land required to create a development site were intended by both parties to be included in a sale, when in fact two plots out of six were not included.

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Blog

What expenditure falls within ‘ordinary and proper course of business’ exception in freezing orders?

Published on 28 June 2019. By Simon Hart, Partner and Daniel Hemming, Senior Associate

The cost of pursuing related arbitration proceedings and fighting extradition proceedings could be costs incurred in the ‘ordinary and proper course of business’ according to the Court of Appeal in Koza Ltd v Koza Altin.(1)

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Publication

Health and safety update June 2019

28 June 2019

Welcome to our June 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Blog

Shop til' you Pop: Amazon's Electric Avenue

Published on 27 June 2019. By Simon Edwards, Partner and Rachael Ellis, Associate and Lucy Baughan, Trainee Solicitor

Amazon is opening 10 pop-up shops in the UK, as a platform for over 100 small online brands to start selling via bricks and mortar. The pilot will run throughout the UK for around a year, with each pop-up opening for between six to eight weeks.

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Press and Media

RPC adds Partner to Restructuring and Insolvency team

26 June 2019

RPC has hired restructuring and insolvency partner Paul Bagon to work across its commercial, corporate and disputes practices. Paul has spent the majority of his career practising insolvency and restructuring law in leading international law firms including Weil, Gotshal & Manges. He has worked on some of the largest and most high profile recent global restructurings and insolvencies.

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Blog

High Court does not "lycra" unjust Part 36 offers

Published on 26 June 2019. By Ciara Cullen, Partner and Samuel Coppard, Associate

In a recent High Court decision it has been held that parties must ensure that Part 36 offers are "genuine offers to settle" as the court will not order costs in circumstances where it is unjust to do so. Furthermore, the decision reinforces the significant weight that is given to whether or not an offeree accepts a Part 36 offer, regardless of whether relief is obtained by the offeree in the first instance.

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Blog

Ritchie - FTT guilty of procedural unfairness

Published on 26 June 2019. By Constantine Christofi, Associate

In Ritchie v HMRC [2019] UKUT 007 (TCC), the Upper Tribunal (UT) has held that the First-tier Tribunal (FTT) had erred in finding that a loss of tax had been brought about by carelessness on the part of the taxpayers' professional advisers because, amongst other things, the carelessness of the advisers had not been adequately pleaded by HMRC and had not been put to any of the witnesses in cross-examination.

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Blog

'Green Finance' enters the mainstream

Published on 25 June 2019. By Edward Colville, Legal Director and Lorcan Treacy, Trainee Solicitor

With the UK's recent commitment to cut emissions to net zero by 2050, the financial sector is looking to 'green finance' to encourage investment in sustainable and environmentally-friendly businesses. Recent examples, like Nokia's €1.5 billion credit facility announced last week, show that environmental impact is becoming a key consideration for lenders and borrowers.

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Blog

The problem of integrity

21 June 2019

Integrity is beginning to look like the indispensable quality that we could all do without.

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Publication

VAT update June 2019

21 June 2019

In this month’s update we report on (1) amendments to the reduced VAT rate for energy-saving materials; (2) HMRC’s guidance on the VAT reverse charge on construction services; and (3) HMRC’s updated VAT Notice 700/1 – who should register for VAT.

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Blog

New pension transfer data – FCA's concerns remain

Published on 20 June 2019. By David Allinson, Senior Associate

The FCA has published the results of data received from firms carrying out DB transfers and set out the next steps in its supervisory work.

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Blog

Retailers: beware the ban on gender stereotyping

Published on 19 June 2019. By Oliver Bray, Partner and Victoria Noto, Associate

The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".

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Blog

Derry - HMRC challenge to share loss relief claim flawed

Published on 18 June 2019. By Constantine Christofi, Associate

In R (on the application of Derry) v HMRC [2019] UKSC 19, the Supreme Court has dismissed HMRC's appeal and confirmed that the taxpayer was entitled to claim share loss relief in the year in which the loss was incurred, rather than the following year.

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Blog

Government Consultation on Adding Folic Acid to Flour

Published on 18 June 2019. By Genevieve Isherwood, Associate

Last week the government began a consultation on whether to introduce mandatory fortification of flour with folic acid to help reduce neural tube defects in foetuses.

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Press and Media

Football and music disputes continue to dominate UK High Court

17 June 2019

Football and music bodies continue to be the most active users of the UK High Court, as they crack down on businesses breaching copyright law, shows new research from RPC, the City-headquartered law firm.

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Blog

National Car Parks - Are overpayments consideration for VAT purposes?

Published on 14 June 2019. By Nicole Kostic, Senior Associate

In National Car Parks Ltd v HMRC [2019] EWCA Civ 854, the Court of Appeal has confirmed that excess amounts paid by customers at pay and display car parks were consideration for VAT purposes.

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Blog

Court of Appeal upholds decision on importance of industry standard documents in conflicting jurisdiction clauses

Published on 13 June 2019. By Andy McGregor, Head of Civil Fraud and Steven Rajavinothan, Associate

The Court of Appeal upheld the decision of the High Court[1], highlighting the risk that the English and Italian Courts may reach different decisions on the underlying factual background of related disputes even where the disputes could be said to fall under different agreements [2]. Therefore, parties need to appreciate that the English Court will put the certainty of industry standard documentation (such as ISDA Master Agreements) first such that it is dangerous to have different jurisdiction and/or governing law clauses in related agreements.

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