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Publication

Insurance Act 2015

23 September 2015

Amendment to include Law Commission’s proposals on damages for late payment of claims

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Publication

VW emissions rigging scandal- Insurance exposure

23 September 2015

Insurance exposures

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Press and Media

HMRC making increasing use of ‘nudge’ letters to circumvent normal disputes process

22 September 2015

RPC, the City-headquartered law firm, says that HMRC is increasingly using ‘nudge’ letters to circumvent the normal dispute resolution process and put pressure on individuals currently engaged in a dispute with the taxman.

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Press and Media

Quarter of HMRC local compliance investigations now taking over a year to complete

22 September 2015

Almost a quarter (22.7%) of all tax investigations launched by HMRC’s local offices are still unresolved more than 12 months later, says RPC, the City-headquartered law firm.

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Blog

Update: 'The Catalyst effect' - does the buck stop with the Upper Tribunal?

22 September 2015

I recently blogged on the Upper Tribunal's judgment on the case of Roberts and Wilkins v FCA.

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Blog

Privilege - the Hong Kong courts giveth back what the English Courts hath swept away in Three Rivers

Published on 21 September 2015. By Jonathan Cary, Partner

Introducing a healthy dose of common sense, the Hong Kong courts have rejected the English Court of Appeal's restrictive approach to legal advice privilege in Three Rivers (No5) and adopted a broader and more practical "dominant purpose" test.

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Blog

Hope in Hell: Defamatory references to a law firm removed from SolicitorsFromHellUK.com

Published on 18 September 2015. By Claire Revell, Senior Associate

This week's High Court decision ordering the removal of defamatory statements from a website which 'exposes' solicitors and other lawyers may come as some relief to members of the legal profession.

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Blog

Final appeal serves up sushi

Published on 17 September 2015. By Rebecca Wong, Senior Associate

In the past decade or so sushi has become increasingly popular – both in Hong Kong and globally.

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Blog

Litigation privilege under the spotlight

Published on 17 September 2015. By Caroline Shiffner, Senior Associate

A Claimant's application for an injunction against the use in litigation of unhelpful pre-application planning advice he had obtained from a local planning authority was dismissed by John Jarvis QC sitting as a deputy High Court Judge.

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Blog

Tribunal finds HMRC's actions unconscionable

Published on 16 September 2015. By Robert Waterson, Partner

In John Clark v HMRC[1], the First-tier Tribunal (FTT) has found that special relief, in terms of paragraph 3A, Schedule 1AB, Taxes Management Act 1970 (paragraph 3A), ought to have been granted to a taxpayer who suffered from serious learning difficulties.

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Blog

Update: IT Suppliers beware! Your right to terminate on a customer insolvency is changing…

16 September 2015

In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law regarding the supply of essential services to insolvent customers.

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Blog

Planning for a vote in favour of Brexit

15 September 2015

Recent events have brought into much sharper focus a question that in truth financial services firms should have been asking for some time - what are the implications if the UK votes to leave the EU in the forthcoming referendum?

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Blog

New FCA handbook and FS register: Welcome to 21st Century

11 September 2015

The FCA has updated and consolidated its Handbook and FS register.

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Blog

New FCA handbook and FS register: Welcome to the 21st Century

11 September 2015

The FCA has updated and consolidated its Handbook and FS register.

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Blog

Damages for repudiation of a voyage charter

11 September 2015

The compensatory principle explored The High Court of England & Wales has reviewed the application of the standard compensatory principle in common law to voyage charters repudiated by their charterers, in an appeal from an arbitral Award[1].

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Blog

Think long and hard before withdrawing your appeal

10 September 2015

In Rolls Group & Others HMRC[1], the First-tier Tribunal (FTT) has refused to reinstate VAT appeals, pursuant to an application made under Rule 17(3) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), many months after withdrawal of their appeals.

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Blog

Pension freedoms - the 5 month report card

Published on 10 September 2015. By Rachael Healey, Partner

As children head back to school, what would the pension freedoms' report card look like 5 months in from the April reforms?

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Blog

Risk of AML own goals from football transfers

08 September 2015

European football's summer transfer window closed last week.

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Blog

Otkritie and the "Aldi requirement"

Published on 07 September 2015. By Jake Hardy, Legal Director

The judgment in Otkritie –v- Threadneedle examined the interplay between the "Aldi requirement" ...

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Blog

Facing the cold splash of reality and mandatory reporting on the gender pay gap: what's next for UK employers?

Published on 07 September 2015. By Kelly Thomson, Legal Director

As one of Enid Blyton's characters in Five Have a Mystery to Solve, exclaimed:

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Blog

Court of Appeal rules on limitation and concealment in competition damages claim

Published on 04 September 2015. By Chris Ross, Partner and Andy McGregor, Head of Civil Fraud

In the recent decision of Arcadia Group Brands Ltd & Ors v Visa Inc & Ors[1] ...

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Publication

Corporate tax update

04 September 2015

Welcome to the latest edition of our corporate tax update, written by members of RPC’s Tax team and published quarterly. In this edition we highlight some of the key tax developments of interest to UK corporates from the second quarter of 2015.

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Blog

Marine Insurance: Current Good Faith Rules Continue To Cause Blot On The Landscape?

Published on 04 September 2015. By Iain Anderson, Partner

We have less than twelve months until insurance contracts written under English law will be subject to the new provisions of the English Insurance Act 2015.

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Publication

Tax update

03 September 2015

Bequeathing DOTAS

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Blog

Success for taxpayer before the Supreme Court in pension scheme case

Published on 03 September 2015. By Nicole Kostic, Senior Associate

In John Mander Pension Scheme Trusts Limited v Commissioners for Her Majesty's Revenue and Custom's [1], the Supreme Court has allowed the appellant's appeal ...

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Blog

Time is running out… clarity on time bar at FOS?

03 September 2015

New DISP pro forma final response language seems to allow firms to be more confident when time barring complaints.

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Blog

Time is running out… clarity on time bar at FOS?

03 September 2015

New DISP pro forma final response language seems to allow firms to be more confident when time barring complaints.

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Blog

MEES: The legal implications

02 September 2015

The Minimum Energy Efficiency Standards regulations (MEES) will implement legislation that could make the potential benefits of "being green" tangible.

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Blog

Article 29 Working Party keeps up the pressure on data reform discussions

02 September 2015

The EU data protection reform package has entered its decisive phase. The first trilogue between the European Parliament, the European Commission and the Council of Ministers began on 24 June 2015 but, even at this late stage, there are many key concepts still to be finalised.

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Blog

September 2015- New GAP Insurance Rules out

28 August 2015

On 1 September, new rules on GAP insurance come into force.

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Blog

Regulatory censure of the Co-op really does send a message

28 August 2015

The FCA and PRA jointly censured The Co-operative Bank plc for various regulatory breaches.

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Publication

VAT update

27 August 2015

HMRC Brief 10/2015 clarifies VAT treatment of direct marketing supplies using printed matter

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Publication

FX market manipulation claims: ongoing developments

27 August 2015

Recent settlements give impetus to claims

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Blog

Searching Requirements when applying for Search Warrants

Published on 27 August 2015. By Robert Waterson, Partner

The Divisional Court (Davis LJ and Hickinbottom J) has confirmed, in [2015] EWHC 1283 (Admin), that state agencies applying for search warrants have a duty to make full disclosure to the court and the court should take an inquisitive approach when considering any such application.

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Blog

The Catalyst effect: ping pong between the FCA and Upper Tribunal?

21 August 2015

The recent judgment of the Upper Tribunal in relation to the conduct of two directors of Catalyst Investment Group Limited serves as a reminder to those working in the financial services sector about the potential ramifications for individuals should consumers be misled.

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Publication

Tianjin explosions leave insurers exposed to claims

21 August 2015

On 12 August 2015, multiple explosions occurred in the Chinese city of Tianjin, a major industrial port and goods gateway to Beijing.

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Blog

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

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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