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The better part of discretion is – an implied term?

Published on 07 August 2015. By Christopher Whitehouse, Associate and Davina Given, Partner

In Portsmouth City Council v Ensign Highways Ltd [2015] EWHC 1969 (TCC), the High Court implied a term imposing limits on a party's contractual discretion, ...

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Blog

Hong Kong: legal advice privilege – important development for corporates

Published on 07 August 2015.

In an important judgment, the Hong Kong Court of Appeal has recently decided that legal advice privilege (often referred to as “solicitor-client” or “attorney-client” privilege) can extend to confidential internal communications ...

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Blog

High Court dismisses investors' judicial review challenge to the legality of APNs in Rowe and Others v HMRC

07 August 2015

The eagerly awaited judgment of the Administrative Court (Mrs Justice Simler) in Nigel Rowe and Others v HMRC[1], was handed down last Friday.

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Blog

The Scotland Bill - a soon to be taxing issue

07 August 2015

The Scotland Bill, is currently making its way through the legislative process and many of its powers will come into force at the start of the next tax year.

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Blog

Lord Justice Jackson tackles Costs Management

Published on 07 August 2015. By Jonathan Wyles, Legal Director

The post-Jackson costs management regime celebrated its second birthday earlier this year.

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Blog

Broker M&A – indemnity revisited

Published on 07 August 2015. By Jonathan Charwat, Associate

Last year, we reported on a High Court decision on the proper interpretation of an indemnity in a share sale agreement relating to an insurance broker.

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Publication

Hong Kong: legal advice privilege – important development for corporates

06 August 2015

In an important judgment, the Hong Kong Court of Appeal has recently decided that legal advice privilege (often referred to as “solicitor-client” or “attorney-client” privilege) can extend to confidential internal communications between employees of a client organisation, provided those communications were created for the sole or dominant purpose of obtaining legal advice.

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Publication

Tax update

06 August 2015

Cross Purposes: HMRC investigation teams to merge

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Blog

Transfers, exit fees and financial advice - what next for the pension freedoms?

Published on 05 August 2015. By Rachael Healey, Legal Director

What do exit charges, the pension transfer process and financial advice all have in common?

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Blog

Limiting liability in standard terms: cause for concern?

Published on 03 August 2015. By Laura Martin, Senior Associate and Davina Given, Partner

Practitioners may wish to reconsider their approach to drafting standard terms after the High Court found that various limitation of liability clauses in standard term business-to-business contracts were unreasonable under the Unfair Contract Terms Act 1977 (UCTA)[1].

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Blog

Power to the Pensioners?

Published on 31 July 2015. By Drew Naylor, Senior Associate

It has been customary in recent years for George Osborne to pull a proverbial rabbit out of his red ministerial box.

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Blog

Entrepreneurs' relief not available for disposal of syndicate capacity by a Lloyd's name

Published on 31 July 2015. By Robert Waterson, Legal Director

In Carver v HMRC [2015] UKFTT 0168 (TC), the First-tier Tribunal (FTT), has provided helpful guidance on the key requirements of entrepreneurs' relief (ER), under section 169H, Taxation of Chargeable Gains Act 1992 (TCGA).

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Blog

No way out: a recent Supreme Court decision re-states the principles of contractual interpretation and provides a salutary reminder that the English Courts are wary of re-writing "bad bargains"

Published on 31 July 2015. By Alan Williams, Senior Associate and Simon Hart, Partner

The Supreme Court's decision in Arnold v Britton provides a salutary reminder of the reluctance of the English Courts to re-write "bad bargains" even if they have catastrophic unforeseen commercial outcomes for one of the contracting parties.

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Blog

"That don’t distress me much …"

31 July 2015

George Osborne's pledge to tackle the housing crisis, if acted on, should see an increase in housebuilding.

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Blog

Getting Over Time

Published on 30 July 2015. By David Franklin, Associate

The five day working week is the norm in the professional services sector, but is it the most effective basis for structuring our time? After all, professional services do not roll off the end of a production line.

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Blog

LEO intent on including Third Party Debts

Published on 30 July 2015. By Sally Lord, Associate

Following on from my post earlier this year, it seems that LEO is set to go ahead with plans to consult on its vision of dealing with third party complaints.

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Blog

Where there's a will there's a way? The Court of Appeal awards an estranged daughter £164,000 from her mother's estate

Published on 30 July 2015. By Claire Revell, Senior Associate

The Court of Appeal this week handed down its hotly debated landmark decision in Ilott v Mitson & Others, causing many to query the purpose of making a will at all.

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Publication

Technology and cyber risk update

29 July 2015

Drones – issues for casualty insurers

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Blog

Feast your eyes on this! ASOS and Wall's collaboration a trade mark success?

29 July 2015

Back in December 2014 Retail Therapy featured an article on the surprising collaboration between McDonalds and Moschino.

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Blog

Breaking China – does the PRC market crash leave your supply chain exposed?

28 July 2015

While European media has been in a frenzy for the last few weeks over the deal or no deal implications of a bailout of the $238bn Greek economy, rather less attention has been paid until very recently to the $10.36tn Chinese economy which has been suffering its own economic turmoil.

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Blog

Court of Appeal rules on liability of partner unaware of fiduciary breach of another partner

Published on 27 July 2015. By Laura Martin, Senior Associate and Tim Brown, Partner

Court of Appeal reverses decision of lower Court to find that a partner who had been unaware of the wrongful conduct of the second partner in a business was nonetheless jointly and severally liable for the defaulting partner's liability to a third party for breach of fiduciary duty.

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Blog

Late appeals: Tribunal confirms the correct approach to procedural errors in Citipost Mail v HMRC

Published on 24 July 2015. By Nicole Kostic, Senior Associate

The approach to procedural errors, such as the late filing of appeals and non-compliance with directions, has been the subject of a number of decisions over the past 18 months.

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Blog

Incompetence as a defence? Stick to what you know!

Published on 24 July 2015. By Sally Lord, Associate

Branching out into an unknown area of law as a favour to one of your well-respected clients may seem like a natural extension to the "all-round client service" that you are accustomed to providing.

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Press and Media

Court of Appeal ruling ‘provides vital clarity for insurers’

23 July 2015

The decision by the Court of Appeal in Milton Furniture v Brit Insurance Limited (now known as RiverStone Insurance Limited) gives welcome guidance on the meaning of "unattended" in the context of commercial premises, says RPC, the City-headquartered law firm.

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Blog

Referendum – what's in it for EU?

23 July 2015

The referendum question is quite simple – "should the UK remain a member of the EU"?

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Blog

ADR Directive: the key changes to the DISP rules

22 July 2015

The Financial Ombudsman Service (FOS) has amended the Dispute Resolution: Complaints sourcebook (DISP) in the FCA Handbook.

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Publication

Hong Kong courts clarify personal data concerns in civil litigation

22 July 2015

In a series of cases in Hong Kong in the last year or so, the courts have brought some welcome clarification to the vexed issue of the interaction between disclosure of relevant documents in civil disputes and balancing competing confidentiality and personal data concerns arising out of the contents of such documents.

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Press and Media

RPC lends support to Lloyd's Diversity & Inclusion Festival

21 July 2015

City-headquartered law firm RPC will be supporting Lloyd's of London's first ever market-wide diversity & inclusion collaboration.

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Press and Media

RPC Consulting acquires software and consultancy business Marriott Sinclair

20 July 2015

RPC Consulting has acquired UK-based software and consultancy business, Marriott Sinclair.

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Blog

Private Copying Exception is deemed unlawful

Published on 20 July 2015. By Paul Joseph, Partner

In October 2014, the eagerly anticipated copyright exceptions came into force via a series of amendments to the Copyright Designs and Patents Act 1988.

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Publication

Play nicely, children

17 July 2015

Litigation is, by its very nature, an adversarial process. But as the court has made clear in the case of Simon Gotch & Susan Linda Gotch v Enelco Limited , litigants should also co-operate, to ensure the swift and cost-effective resolution of their disputes.

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Blog

Taxpayer not careless in share options case

Published on 16 July 2015. By Robert Waterson, Legal Director

In Alistair Norman v HMRC1, the First-tier Tribunal ("FTT") found that a taxpayer who wrongly recorded gains made after exercising a share option granted by his employer as capital, rather than income, was not "careless" for the purposes of paragraph 1(1), Schedule 24, Finance Act 2007.

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Blog

New financial super court to further enhance London's profile as a financial dispute hub

Published on 16 July 2015. By Parham Kouchikali, Partner

After a period of consultation, the Lord Chief Justice announced at his Mansion House speech on 8 July 2015 that a new specialist list dealing with high-value, ...

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Blog

Preparing for the devolution revolution

16 July 2015

For me – and I think for all business people – the two biggest spectres cast by this year's Queen's Speech were proposed increases in national and regional devolution within the UK and the certainty of an in/out referendum on the UK's membership of the EU.

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Blog

The regulatory regime continues to inform the advisory duty in mis-selling claims

Published on 15 July 2015. By Davina Given, Partner

The recent case of David Anderson v Openwork Limited[1] provides an opportunity to reflect on the current approach of the courts ...

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Blog

When is a sale contract not a sale contract?

15 July 2015

Most people reading this article would probably say that, even if they could not define a sale contract, they would know one when they saw it.

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Blog

Senior Managers Regime - How many will fall foul of the new framework?

14 July 2015

The FCA and PRA have now published a number of documents setting out some of the final rules for a new accountability framework for individuals working in 'relevant firms' ...

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Blog

Not just a question of timing – Supreme Court rules on the assessment of damages for premature cancellation

14 July 2015

The Supreme Court has held that a party could only recover nominal damages for premature cancellation (repudiation) of a sales contract on GAFTA Form 49[1].

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Blog

Summer Budget – property developments

Published on 14 July 2015. By Ben Roberts, Senior Associate

Last week's "summer" Budget, the first by a (solely) Conservative government for nearly two decades, was full of surprises but contained relatively few specific property tax measures.

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Blog

By George! A Budget full of surprises?

Published on 13 July 2015. By Ben Roberts, Senior Associate

Last week's "summer" Budget, the first by a (solely) Conservative government for nearly two decades, included a number of surprises.

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Publication

Milton Furniture and Brit- clarifying attendance

13 July 2015

Milton Furniture Limited v Brit Insurance

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Publication

Legal alert – July 2015

13 July 2015

Milton Furniture Limited v Brit Insurance

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Blog

Pension Transfers – seeing the wood for the trees – Part 2

Published on 10 July 2015. By Rachael Healey, Legal Director

This is the second of two blogs addressing the issues raised in the FCA's paper on the changes to the pension transfer regulations.

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Blog

Upper Tribunal considers whether alternative arguments from HMRC require permission to appeal

10 July 2015

An interesting procedural issue was recently considered by the Upper Tribunal ("UT") in Steven Price, John Myers and James Lucas v HMRC[1].

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Blog

FCA's figures for authorisation applications leave many unanswered questions

09 July 2015

Amongst the many topics covered within the FCA's annual report there is a frustratingly short section concerned with the efforts being made to deal with all of the applications for authorisation by consumer credit firms.

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Blog

Pension Transfers – seeing the wood for the trees – Part 1

Published on 09 July 2015. By Rachael Healey, Legal Director

The FCA has published changes to its regulations affecting advice on pension transfers.

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Blog

Electronic disclosure – the perils of ignoring disclosure requirements

Published on 09 July 2015. By Geraldine Elliott, Partner

In Smailes and another v McNally and another[i] the High Court refused the claimant's application for relief from sanctions, finding the claimant's failure in respect of its disclosure obligations under the relevant provisions of the Civil Procedure Rules (CPR 31) amounted to a significant and serious breach of an "unless order".

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Blog

GCs – are you future-proofing your business?

09 July 2015

In the last two blogs I looked at the Mass of Ambiguous legislation that is coming towards us as a result of the Queen's Speech and some of the Opportunities that these present for the GC who thinks like a Navigator and helps proactively and strategically to guide their CEO/Captain on the best route to their destination.

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Blog

High Court finds "without prejudice" communications with a regulator can be withheld in civil proceedings, but decides bank had lost right to do so

Published on 07 July 2015. By Davina Given, Partner

In the latest instalment of the LIBOR swaps proceedings in Property Alliance Group Ltd v The Royal Bank of Scotland plc[1], the court has held for the first time that 'without prejudice' communications with a regulator can be withheld in civil proceedings.

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Blog

Nowhere to hide: Supreme Court considers illegality defence and global application of Insolvency Act 1986 in VAT fraud case

Published on 06 July 2015.

On 22 April 2015 the Supreme Court handed down its judgment in the case of Jetivia SA and another v Bilta (UK) Ltd (in liquidation) and others [2015] UKSC 23, which was heard in October last year.

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