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Daily Telegraph publisher fined £30k for general election email campaign

30 December 2015

On 15 December 2015 the Information Commissioner's Office (ICO) issued Telegraph Media Group Limited (the Telegraph) with a Monetary Penalty Notice

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Blog

Titan v Colliers – the price of everything and value of nothing

30 December 2015

The Court of Appeal recently overturned the High Court's judgment in the case of Titan v Colliers.

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Blog

'Dear CEO letter' to debt management firms clarifies FCA's expectations on transfer of customers or their information

29 December 2015

Following ongoing consolidation in the debt management market, Jonathan Davidson, FCA Director of Supervision (Retail and Authorisations), has published a 'Dear CEO letter' which sets out the FCA's expectations of debt management firms when customers or customer information are being transferred.

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Blog

Upper Tribunal accepts reasonable excuse defence for late claim for repayment of tax

Published on 23 December 2015. By Nicole Kostic, Senior Associate

In Raftopoulou v HMRC [2015] UKUT 579, the Upper Tribunal (UT) has confirmed that a taxpayer can make a valid claim for repayment of overpaid tax ...

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Publication

VAT update

22 December 2015

This is our last VAT update of 2015. RPC’s next VAT update will be published on 28 January 2016. We wish all our readers a Merry Christmas and a Happy New Year!

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Blog

High Court rejects interest rate swap misselling claim

Published on 22 December 2015. By Daniel Hemming, Senior Associate and Parham Kouchikali, Partner

In Thornbridge Limited v Barclays Bank PLC the High Court considered a claim for the missale of an interest rate swap based on several different causes of action, all of which were unsuccessful.

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Publication

Restructuring and insolvency

18 December 2015

An update on recent changes

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Blog

New EU data protection rules (finally!) agreed

18 December 2015

On the 17th of December, and after much negotiation, a final draft of the new General Data Protection Regulation (GDPR) was approved by the Civil Liberties, Justice and Home Affairs (LIBE) committee of the European Parliament.

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Blog

EU in or EU out?

Published on 18 December 2015. By Constantine Christofi, Associate

The UK will soon be faced with a question that may well have a profound impact on its future and materially shape its place in the world, namely: should the UK remain in or out of the European Union.

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Blog

Delay not a bar to obtaining freezing injunction

Published on 18 December 2015. By Charlotte Henschen (née Ducker), Senior Associate and Geraldine Elliott, Partner

The High Court has granted three insolvent Cayman companies (each in liquidation) a worldwide freezing order in support of proceedings against Mr Terrill, an individual who operated behind the companies' respective corporate directors as their sole director and shareholder.

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Blog

Getting ahead of the curve: EBA consults on 'robo-advisers'

17 December 2015

Technology will transform the financial advice world, and this transformation has already begun.

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Publication

Financial Litigation roundup

17 December 2015

Welcome to the latest edition of our Financial Litigation roundup. In this edition, we consider recent judgments and ongoing cases from the banking and financial world in the UK and Asia, as well as regulatory developments in those jurisdictions

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Publication

Financial Litigation roundup

17 December 2015

Welcome to the latest edition of our Financial Litigation roundup. In this edition, we consider recent judgments and ongoing cases from the banking and financial world in the UK and Asia, as well as regulatory developments in those jurisdictions

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Publication

Employment update, November 2015

17 December 2015

Penalty clauses: what is the test where a clause is claimed to be unenforceable?

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Blog

Show me the money: new capital requirements for PIFs

16 December 2015

Last week the FCA released its Policy Statement PS15/28: Capital resources requirements for personal investment firms (PIFs) updating rules that set the amount of capital to be held by directly authorised PIFs which date back to 1994.

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Blog

Hely-Hutchinson - taxpayer wins legitimate expectation judicial review

16 December 2015

In R(oao Hely-Hutchinson) v HMRC [2015] EWHC 3261 (Admin) ...

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Blog

Anti-suit injunctions – do not delay

16 December 2015

The recent judgment of the English Commercial Court in Essar Shipping Ltd v Bank of China Ltd[1] has highlighted the importance of applying for anti-suit injunctions swiftly once the dispute arises.

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Blog

Litigation privilege: A tangled web unwoven

Published on 15 December 2015. By Davina Given, Partner

Deception undermines the "dominant purpose" necessary for a claim to litigation privilege in the most recent instalment in the ongoing saga of Property Alliance Group Ltd v Royal Bank of Scotland Plc.

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Press and Media

HMRC targeting high street accountants with threatening letters

14 December 2015

HMRC broadening its focus to ordinary high street accountants

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Blog

IFAs quizzed by FCA over insistent clients

Published on 14 December 2015. By James Wickes, Partner

The FCA has asked IFAs to explain how they deal with situations where clients wish to act against advice on pension transfers.

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Blog

Ballast Water Management Convention likely to come in 2016

14 December 2015

Three countries, Monaco, Indonesia and Ghana, ratified the IMO Ballast Water Management (BWM) Convention, during the recent IMO Biennial Assembly Meeting, in London.

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Press and Media

17% increase in attempts by businesses to block trade mark applications by rivals

14 December 2015

Businesses have stepped up attempts to block rivals registering conflicting trade marks in the last year, with the number of attempts to block trade marks increasing by 17% to 2,070 up from 1,775 in the previous 12 months*, says City law firm RPC.

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Publication

National Grid Gas plc hit with £2m fine for health and safety breach

11 December 2015

National Grid Gas plc hit with £2m fine for health and safety breach

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Publication

National Grid hit with £2m fine for health and safety breach

11 December 2015

A sign of things to come?

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Blog

No returns for M&S following Supreme Court ruling

11 December 2015

The Supreme Court has upheld the decision of the Court of Appeal in the case of Marks and Spencer plc (M&S) v BNP Paribas Securities Trust Company (Jersey) Ltd (BNPP).

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Blog

PRA fines bank for outsourcing failures

10 December 2015

Last week, the PRA announced that it had imposed a fine of over £1.2 million on R. Raphael & Sons plc.

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Blog

Discovery assessments - HMRC fails to discharge burden of proof

Published on 10 December 2015. By Adam Craggs, Partner

The following is taken from an article originally published in Tax Journal

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Blog

FCA frustrated by continuing shortcomings in wealth management sector but must accept subtleties of suitability

09 December 2015

The FCA's thematic review report published today expresses concern about some wealth management firms who are still not getting suitability right despite five years of regulatory 'communications'.

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Blog

Lawyer v lawyer: where there's blame there's a claim?

Published on 09 December 2015. By Claire Revell, Senior Associate

Dissatisfied clients of law firms have probably never had so many ways to complain about their solicitor.

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Blog

China's Two Child Policy: Too Little Too Late?

08 December 2015

Announced in a very 21st century way, China's official news agency recently tweeted that China will be implementing a policy allowing couples to have two children.

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Blog

Serbian forum shopper in disclosure breach of duty has privacy and libel action struck out

07 December 2015

On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika,

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Blog

The Supreme Court restates the rule on penalties

Published on 07 December 2015. By Andy McGregor, Head of Civil Fraud

The Supreme Court has recast the test for penalties to bring it into line with modern commercial practices. The new test is less formalistic and leaves the courts with greater discretion to look at the commercial rationale for a clause.

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Press and Media

RPC advises Daily Mail and General Trust on £29m sale of Wowcher

04 December 2015

Leading City-headquartered law firm RPC has advised the Daily Mail and General Trust (DMGT) on the sale of Wowcher to a newly formed online voucher business, to be controlled by private equity group, Exponent. Exponent was advised by Allen & Overy.

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Blog

Delegation of regulated activities – warning from the FCA

Published on 03 December 2015. By Rachael Healey, Partner

Adviser firms delegating regulated activities to unregulated third parties have been removed from the FCA's Christmas card list following a notice issued this week.

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Blog

FCA has increasing appetite to use alternative enforcement penalties

03 December 2015

In a recent appearance before the Treasury Select Committee the FCA has hinted that it may make further use of its restriction and suspension powers as an alternative as well as an addition to the power to impose financial penalties.

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Blog

High Court clarifies scope of duties owed by directors to shareholders

Published on 03 December 2015. By Simon Hart, Partner

The High Court has struck out a number of claims brought by shareholders in what was, in 2008, Lloyds TSB against its directors (Sharp & others v Blank & others).

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Publication

Tax update

02 December 2015

Small Business Research & Development Relief

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Blog

Employees on Social Media - Managing the Risk

Published on 02 December 2015. By Joshua Charalambous, Associate

Employees who actively use social media can be a fantastic 24/7 dynamic marketing tool for companies.

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Blog

Small businesses; large losses?

Published on 01 December 2015. By Robert Morris, Partner

On Friday the FCA published a wide ranging discussion paper in which it seeks comments on proposed changes to the way in which it, and the FOS, deals with SME businesses.

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Blog

Small businesses; large losses?

Published on 01 December 2015. By Robert Morris, Partner

On Friday the FCA published a wide ranging discussion paper in which it seeks comments on proposed changes to the way in which it, and the FOS, deals with SME businesses.

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Blog

Squatting: an own goal?

01 December 2015

In October 2015, a Manchester hotel undergoing extensive refurbishment works was occupied by squatters and housing activists.

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Blog

Supreme Court broadens scope of freezing order wording

Published on 30 November 2015. By Emma Griffiths, Senior Associate and Parham Kouchikali, Partner

A recent decision[1] of the Supreme Court has clarified the scope of the standard form Commercial Court freezing order, holding that the right to draw down monies under a loan agreement can be an "asset" where the extended form freezing order is granted.

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Blog

FCA Publish Draft Guidance on Cloud Services

Published on 30 November 2015. By Mark Crichard, Partner

The FCA has recently published draft guidance for firms outsourcing to the cloud and other third party IT services. This comes as part of the FCA's work on "Project Innovate" which aims to tackle issues stifling innovation within the regulatory sector.

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Blog

Twitter found unsuitable means of communicating FOI request

Published on 27 November 2015. By Oliver Murphy, Associate

The First Tier Tribunal (Information Rights) (the Tribunal) has held that a request under the Freedom of Information Act 2000 made via Twitter is not valid.

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Blog

Tribunal criticizes HMRC’s refusal to allow retrospective VAT group application

Published on 27 November 2015. By Ben Roberts, Senior Associate

The First-tier Tribunal (in Copthorn Holdings Ltd v HMRC) has asked HMRC to reconsider its decision to refuse a taxpayer’s application for retrospective VAT group registration. This is the second time HMRC have been asked to “think again” on their decision.

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Press and Media

Financial crime due diligence failures will now be punished more harshly than ever

26 November 2015

Bankers need to get over the embarrassment factor of asking where money has come from FCA now far stricter on who banks can deal with

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Publication

VAT update

26 November 2015

HMRC publishes guidance on pension fund management costs

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Blog

FCA to examine use of big data in insurance

26 November 2015

This week, the FCA has issued a "call for inputs" around how insurance firms use big data.

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Blog

Tim Yeo loses libel action against Sunday Times

25 November 2015

The High Court has today dismissed an action by Tim Yeo, the former MP for South Suffolk and Chairman of the Energy and Climate Change Select Committee, against Times Newspapers Limited in an important judgment on the Reynolds defence and the scope of politicians' Article 8 rights.

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