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Transparency by design – putting FOIA at the forefront of public sector outsourcing contracts

20 August 2015

Earlier this year, the Information Commissioner's Office (ICO) published a guidance document recommending some steps for public authorities (Authorities) to take when entering into outsourcing arrangements to help them comply with their freedom of information obligations.

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Blog

Taxpayer's application to have HMRC's winding-up petition dismissed fails due to lack of evidence

Published on 19 August 2015. By Adam Craggs, Partner

In Winnington Networks Communications Ltd v HMRC[1], the Chancery Division Companies Court (Nicholas Le Poidevin QC) refused the taxpayer company's application to have HMRC's winding-up petitions dismissed ...

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Blog

Modern slavery – what will you be declaring from this October onwards; and how will you be ensuring that actions and words align?

19 August 2015

Much of the news of the last couple of weeks has been dominated by the migrant situation in Calais and the knock-on effect this side of the tunnel.

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Blog

Court confirms its wide discretionary power to extend time in consent orders

Published on 18 August 2015. By Geraldine Elliott, Partner

In Safin (Fursecroft) Limited v The Estate of Dr Said Ahmed Said Badrig (Deceased)[1], the Court of Appeal considered the principles that apply to an application for extension of time for compliance with obligations set out in a consent order.

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Blog

Reminder: new GAP insurance rules in force from 1 September 2015

18 August 2015

The FCA's new rules on the sale of Guaranteed Asset Protection (GAP) insurance will come into force in a fortnight's time on 1 September 2015.

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Press and Media

New trade mark registrations for beer brands rise by 12%

17 August 2015

Rise of supermarket own brand craft beers adds to sector's expansion

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Blog

Service charge interpretation and the cautionary tale of Arnold v Britton

17 August 2015

In the recent case of Arnold v Britton[1], the Supreme Court considered the meaning of a service charge clause in a long lease which would result in the tenant paying service charges of over £550,000 per annum by 2072.

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Blog

No relief for late commencement of arbitration

14 August 2015

Once upon a time, if one was unfortunate enough to miss a contractual, as opposed to statutory, time limit for commencing arbitration, relief could be sought and often obtained from the High Court under Section 27 of the Arbitration Act 1950.

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Blog

FCA's new referral criteria: Are they really that transparent?

14 August 2015

An updated set of enforcement referral criteria has been published by the FCA in response to recommendations made by HM Treasury at the end of last year.

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Press and Media

RPC takes lead role acting for Hyperion on its acquisition of Perkins Slade

13 August 2015

City-headquartered law firm RPC has advised Howden UK, part of Hyperion Insurance Group, on its acquisition of leading independent insurance broker, Perkins Slade Forrest Holdings Limited.

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Blog

Business Rates: Don't pull the Woolway over your eyes

13 August 2015

A recent Supreme Court decision on business rates had the RPC Real Estate team talking, and not just because it related to our second & sixth floor neighbours, Mazars.

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Blog

Court of Appeal rejects HMRC's appeal and application for a stay in judicial review proceedings

Published on 12 August 2015. By Nicole Kostic, Senior Associate

The Court of Appeal (Arden LJ, Black LJ and Floyd LJ) recently confirmed the circumstances in which the Court will exercise its case management powers and grant a stay where a taxpayer is pursuing both an appeal before the First-tier Tribunal ("FTT") and judicial review ("JR") proceedings in the Administrative Court.

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Blog

The risk of a pyrrhic victory for claimants relying on damages clauses for the calculation of compensation in the absence of actual loss

Published on 11 August 2015. By Charlotte Henschen (née Ducker), Senior Associate

The Supreme Court has handed down a unanimous decision which confirms that clauses which provide a contractual mechanism for the calculation of damages remain subject to standard rules of construction.

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Blog

Asos Supreme- what will a change in the law mean?

Published on 11 August 2015. By David Cran, Partner and Adam Cusworth, Senior Associate

Earlier in April, we wrote an article on the Court of Appeal decision in the Assos v Asos trade mark dispute.

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Blog

Live to Work or Work to Live

11 August 2015

“But what are the hours really like?” is a question that all trainees have been asked at some point, either by fresh faced law graduates sizing up the right firm for them, or by colleagues in other seats assessing their next move.

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Press and Media

RPC retains 79% of Trainees in latest UK intake

11 August 2015

City-headquartered law firm RPC has retained 79% of Trainees who are set to qualify in September 2015, meaning 15 of the 19 Trainees who applied to qualify at the firm in the UK have taken up NQ positions.

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Blog

Financial Advice Market Review – Bridging The "Advice Gap"?

Published on 11 August 2015. By Matthew Watson, Associate

HM Treasury have embarked on what they call a "major new review to radically improve access to financial advice".

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Blog

Complaints handling: Key amendments announced by the FCA

07 August 2015

Our recent blog highlighted the key changes made to DISP rules by the ADR Directive.

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Blog

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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