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Perspective - Publication

Sports Ticker (24 September 2021) - RFU appoints Ilube as new chairman, ECB's new kit sponsorship deal and NFTs meet fantasy

Published on 24 Sep 2021. By Jeremy Drew, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Perspective - Blog

The Week That Was - 24 September 2021

Published on 24 Sep 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Publication

Hong Kong Employee Focus: Things to consider before handing in your notice

Published on 24 Sep 2021. By Andrea Randall, Partner

Before you hand over your notice of resignation, it is important take a moment to plan ahead and think through the legal and practical considerations of your decision.

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Perspective - Blog

Security for costs – through what lens is the enforcement criteria viewed?

Published on 22 Sep 2021. By Simon Hart, Partner

Political obstacles can trump legal obstacles when court is considering enforcement in security for costs applications Haque v Hussain(i)

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Perspective - Blog

Exceptional Circumstances: CPR 52.30 and a lesson on drafting grounds of appeal from the Court of Appeal

Published on 22 Sep 2021. By Rosy Gibson, Associate and Chris Ross, Partner

The Court of Appeal has given guidance on how to draft grounds of appeal in a rap over the knuckles for lawyers responsible for "over-lengthy and ill-focused" grounds (Municipio de Mariana v (1) BHP Group PLC and (2) BHP Group Ltd(i)).

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Perspective - Publication

Cyber_Bytes - Issue 35

Published on 22 Sep 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate

We hope you enjoy this latest edition of Cyber Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

KSM Henryk Zeman - Tribunal can consider 'legitimate expectation' arguments in VAT appeal

Published on 22 Sep 2021. By Harry Smith, Senior Associate

Taxpayer can bring legitimate expectation/judicial review arguments in appeal against HMRC decision on VAT in First-tier Tribunal – a new step in tax litigation.

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Press and Media

RPC’s Retail Compass Autumn edition: What challenges do retailers face post-pandemic?

Published on 21 Sep 2021. By Kimberley Nanson, Senior PR & External Communications Manager

RPC, the international law firm has launched the Autumn edition of its Retail Compass, which explores legal and policy changes that are set to impact the retail industry.

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Perspective - Publication

Retail Compass Autumn edition 2021

Published on 21 Sep 2021. By Karen Hendy, Partner and Jeremy Drew, Partner

Welcome to the Autumn edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting Retail and provide our thoughts on those crucial, need-to-know issues.

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Press and Media

Sales at UK’s leading online only retailers jump 22% to hit record high

Published on 20 Sep 2021. By Jeremy Drew, Head of Commercial

Sales at the UK’s Top 20 online only retailers have reached a record £16.4bn in the last year*, rising 22% from £13.2bn the previous year, shows research by RPC, the international law firm.

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Perspective - Podcast

Slipcase: How to know what you don’t know (With Alex Hearn)

Published on 20 Sep 2021.

Welcome to Insurance Covered. In this episode we discuss Slipcase a curator of insurance focused news and insights. Our guest is Alex Hearn, Managing Director at Slipcase and we will be looking at how Slipcase can become a valuable tool for those working in the world of insurance.

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Perspective - Blog

The Week That Was - 17 September 2021

Published on 17 Sep 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

Sanctions and next steps

Published on 17 Sep 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate

Further to our previous articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Hearing, this final article considers the sanctions the PCC can impose and briefly considers what steps can be taken if an unfavourable decision is reached.

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Perspective - Publication

Witnesses overseas and preparations for trial during a pandemic

Published on 17 Sep 2021. By Samuel Hung, Partner and Jacky Darsono, Partner and Jennifer Leung, Associate

A couple of recent High Court decisions demonstrate some of the issues that arise when a party applies for one or more of their witnesses to give evidence at trial by video conferencing facilities, or seeks an adjournment of a trial, because a witness is overseas and experiencing difficulties in returning to Hong Kong in time for a trial date given the COVID-19 pandemic. In such circumstances, the courts’ ultimate priority is the administration of justice, which involves (among other things) balancing the parties’ competing interests while exercising their case management powers. A trial date (a “milestone date”) is generally sacrosanct and live evidence in person at trial is the norm.

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Perspective - Blog

Hire Heels: why the rental clothing market matters

Published on 16 Sep 2021. By Poppy St John, Associate

The old saying that "you can't wear the same outfit twice" doesn't fit well with younger consumers in particular, who are concerned about sustainability and the environmental hazards posed by fast fashion outlets.

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Perspective - Blog

Tinkler – Supreme Court decides taxpayer is estopped from denying validity of HMRC enquiry

Published on 15 Sep 2021.

In Tinkler v HMRC [2021] UKSC 39, the Supreme Court held that, due to the conduct of the taxpayer's advisers, the taxpayer was estopped by convention from denying that HMRC had opened a valid enquiry under section 9A, Taxes Management Act 1970 (TMA), when it had sent the notice of enquiry to the wrong address.

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Perspective - Blog

RPC Insurtech in brief - September 2021

Published on 14 Sep 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the September edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

Takeover Code: What has changed?

Published on 13 Sep 2021. By Emily McGregor, Partner

On 5 July 2021, the most significant changes to the Takeover Code (the Code) since 2011 took effect. The changes are intended to standardise the treatment of regulatory clearances and simplify the offer timetable. An overview of the main changes is set out below.

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Perspective - Blog

Takeover Code: What has changed?

Published on 13 Sep 2021. By Emily McGregor, Partner

On 5 July 2021, the most significant changes to the Takeover Code (the Code) since 2011 took effect. The changes are intended to standardise the treatment of regulatory clearances and simplify the offer timetable. An overview of the main changes is set out below.

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Perspective - Publication

RPC Sports Ticker (13 September 2021) - Heineken & women's sports, World 12s and gaming restrictions

Published on 13 Sep 2021. By Jeremy Drew, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight during which Emma Raducanu broke countless records by winning the US Open, Cristiano Ronaldo made a goalscoring return to Man United, and where Nike gave US head office workers a week off to re-connect with loved ones and “power down” from work, we feature Heineken's latest partnerships in women's sports, a new rugby tournament proposal and BMW and Fnatic's new esports campaign. We also feature China's latest crackdown on under 18 gaming and the suspended World Cup qualifier game between Argentina and Brazil.

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Perspective - Podcast

Lockdown thoughts: the evolution of HMRC and its increasing powers

Published on 13 Sep 2021.

Given the complexity and, at times, lack of clarity in our tax system, concerns have been raised about the extent of HMRC's powers, particularly regarding the range of penalties that can be imposed for innocent mistakes, and the severity of penalties that can be imposed in relation to offshore matters.

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Press and Media

HMRC confirms it is investigating 153 unregulated tax advisers and other intermediaries for allegedly helping clients evade tax

Published on 13 Sep 2021. By Adam Craggs, Partner and Michelle Sloane, Partner

HMRC has confirmed it is currently investigating 153 suspected ‘enablers of tax evasion’ including unregulated tax advisers says RPC, the international law firm.

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Perspective - Blog

The Week That Was - 10 September 2021

Published on 10 Sep 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Publication

Take 10 #17

Published on 10 Sep 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

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Perspective - Blog

RPC Bites 37 – another trade mark dispute brewing for Oatly? the ASA publishes mixed-media advertising advice, along with a pro-advertiser ruling on greenwashing

Published on 09 Sep 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

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Perspective - Publication

Corporate bankruptcy and insolvency litigation roundtable

Published on 09 Sep 2021. By Paul Bagon, Partner

The corporate bankruptcy & insolvency litigation landscape has experienced a turbulent period over the past year and a half, largely a consequence of the extreme circumstances created by the COVID-19 pandemic. Against this backdrop, many businesses have sought arrangements and restructuring plans in an attempt to avoid corporate bankruptcy. However, as government COVID-19-related stimulus is withdrawn and the true financial impact of the pandemic becomes clear, the focus turns to which businesses will remain in crisis or fold, and which are able to restructure and survive. As the battle lines are drawn, disputes are sure to rise.

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Press and Media

RPC advises Asta's management team on the sale to Davies Group

Published on 08 Sep 2021. By James Mee, Partner and David Wallis, Partner and Matthew Griffith, Partner and William Hogarth, Partner

Leading international law firm RPC has advised the management team of Asta Capital Limited (Asta) on the sale of Asta to Davies Group Limited (Davies)

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Perspective - Blog

JRO Griffiths – storage facility is plant for capital allowances purposes

Published on 08 Sep 2021.

In JRO Griffiths Ltd v HMRC [2021] UKFTT 257 (TC), the First-tier Tribunal (FTT) held that a facility used to store potatoes was a plant, and that it met other conditions allowing it to qualify for capital allowances.

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Perspective - Blog

Eclipse film partnerships settlement opportunity announced by HMRC

Published on 08 Sep 2021. By Adam Craggs, Partner

HMRC announced on 6 September 2021 a settlement opportunity for current and former members of the Eclipse Film Partners (numbers 1 to 40) limited liability partnerships (the Eclipse LLPs), under which HMRC will agree not to seek to impose a 'dry tax' charge in exchange for members settling historic tax liabilities (with interest) and abandoning litigation against HMRC in relation to the Eclipse LLPs. If accepted by each taxpayer, approximately £1.6 billion of 'dry tax' will not be pursued by HMRC.

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Perspective - Blog

Cyber_Bytes - Issue 34

Published on 07 Sep 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate

We hope you enjoy this latest edition of Cyber_Bytes, our bi­weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Buy-Now-Pay-Later under the regulatory microscope

Published on 07 Sep 2021. By Whitney Simpson, Of Counsel and Harvey Briggs, Associate

Growth in the Buy-Now-Pay-Later (BNPL) sector is showing no signs of slowing. Square's recent $29 billion acquisition of BNPL behemoth Afterpay being the latest signal that the market is on an upward trajectory. In 2020 alone over 10 million Brits used BNPL to purchase goods online, accounting for nearly 4% of online retail sales. The Financial Conduct Authority (FCA) found that usage had very nearly quadrupled to account for £2.7 billion of spending in 2020. Such popularity, particularly among Gen-Z and Millennials, spans the globe with American consumers spending an estimated $20 billion to $25 billion in 2020 by way of deferred payments.

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Perspective - Publication

Accountants obliged to report suspected misuse of the Bounce Back Loan Scheme

Published on 07 Sep 2021. By Adam Craggs, Partner and Michelle Sloane, Partner

The Bounce Back Loan Scheme (BBLS) was introduced to enable smaller businesses adversely affected by the coronavirus pandemic to access government-backed finance.

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Perspective - Blog

The Building Safety Bill – time for property managers to prepare

Published on 07 Sep 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The way high-rise buildings are managed in this country is changing.

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Perspective - Publication

Mandatory vaccinations for employees in Hong Kong

Published on 06 Sep 2021. By Andrea Randall, Partner

In the wake of the Chief Executive’s remarks last week, where she urged private sector employers in Hong Kong to require COVID-19 vaccinations for employees, the question at the top of every employer’s list is – can we legally require employees to undergo vaccination, and if they refuse, require those employees to be regularly tested?

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Perspective - Blog

The food and drink sector: Brexit and beyond

Published on 06 Sep 2021.

Last November we hosted a Food & Drink focused Brexit & Beyond panel discussion. During that event, our expert panel shared their insights into the most pressing issues facing the sector at that time and provided guidance on how companies could prepare for the expiry of the Brexit transition period. Now that we are firmly into 'Beyond' territory, we recorded a follow-up discussion in July.

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Press and Media

RPC boosts market-leading transactional and regulatory insurance team with Partner hire

Published on 06 Sep 2021. By William Hogarth, Partner

Key strategic hire adds further strength to the firm's expanding transactional and regulatory insurance team

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Perspective - Podcast

How the insurance industry could bring down fossil fuels (a podcast with Tom Johansmeyer)

Published on 06 Sep 2021.

Welcome to Insurance Covered. In this episode we discuss the relationship between fossil fuels and insurance. Our guest is Tom Johansmeyer, Head of Property Claims Services at Verisk insurance solutions. Tom recently had an article published in the Harvard Business Review 'How the insurance industry could bring down fossil fuels' which is what we will be focusing on today.

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Perspective - Blog

The Week That Was – 3 September 2021

Published on 03 Sep 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

Blood Tube Shortage: Testing Times

Published on 03 Sep 2021. By Genevieve Isherwood, Senior Associate

Test tube shortage leading to delays in blood tests; protection for GPs from liability.

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Perspective - Podcast

The Month That Was – August 2021 – An FCA update – an update on Authorised Fund Managers

Published on 03 Sep 2021.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

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Perspective - Publication

Tax Bites - September 2021

Published on 02 Sep 2021. By Adam Craggs, Partner

Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Press and Media

The ICO issued £42m in fines last year - 1,580% increase on the previous year

Published on 01 Sep 2021. By Kimberley Nanson, Senior PR & External Communications Manager

The value of ICO fines issued in the past year was the highest on record at £42m – up 1,580% from the £2.5m in fines issued the previous year*, reveals research from RPC, the international law firm.

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Perspective - Publication

New EPC rating requirements and the impact on retailers

Published on 01 Sep 2021. By Elizabeth Alibhai, Partner

The current requirements for EPC energy ratings will be extended to cover existing leases from April 2023. More notably, significant changes have been proposed in the Government’s Energy White Paper published in December 2020: to prevent landlords from renting commercial properties with an EPC grade of less than C from 1 April 2027 and to prevent landlords from renting commercial properties with an EPC grade of less than B from 1 April 2030. The possible impact for retailer tenants could be material.

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Perspective - Blog

Haworth - Supreme Court upholds decision to quash follower notice

Published on 01 Sep 2021. By Harry Smith, Senior Associate

Follower Notice judicial review upheld by Supreme Court even in tax avoidance context; restrictive requirements imposed for issue of follower notices.

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Perspective - Podcast

The tax tribunals: the next 10 years

Published on 31 Aug 2021.

Twelve years on from the seismic changes to the UK tax appeals system that introduced the First-tier Tribunal and the Upper Tribunal, the Tax Law Review Committee (TLRC) has published its Report "The tax tribunals: the next 10 years".

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Perspective - Publication

Sports Ticker (27 August 2021) - Team GBs cash boost, womens super league and the ATP

Published on 27 Aug 2021.

In a fortnight which marked the opening of the Tokyo 2020 Paralympic Games with over 4,400 athletes from 162 different national Paralympic committees competing (see here), we feature the adoption of shorter format sports, the increase in funding for Team GB and broadcasting plans for the Women's Super League. We also feature the potential ban for football players travelling to red list countries and the ATP's safeguarding policy review.

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Perspective - Blog

The Week That Was - 27 August 2021

Published on 27 Aug 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

New RICS guidance for valuers - Another step in the right direction for valuers

Published on 27 Aug 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

RICS has produced a Guidance Note for the valuation of residential leasehold properties for secured lending purposes, aimed at providing valuers with a best practice guide when undertaking valuations in what has been a turbulent sector over the last 5 years.

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Perspective - Blog

Crypto-assets again confirmed as property by the English Commercial Court

Published on 26 Aug 2021. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate and Becky Baker , Associate

In the Commercial Court's latest crypto-related judgment, Fetch.AI(1), a proprietary injunction and worldwide freezing order were granted against various categories of persons unknown who had misappropriated various crypto-assets from one of the claimant's Binance trading accounts. In doing so, the Court agreed with the key finding in the seminal case AA v Persons Unknown, Re Bitcoin [2019] EWHC 3556 (Comm) – that bitcoin is 'property' – albeit it did so on a different basis.

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Perspective - Publication

V@ Update – August 2021

Published on 26 Aug 2021. By Adam Craggs, Partner

Welcome to the August 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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