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Supreme Court clarifies continuing police disclosure obligations

Published on 19 September 2014.

The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.

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Supreme Court: Insurers counting the costs of negligent will drafting

19 September 2014

Insurers beware: where limited funds are available in an estate and there has been a dispute caused by solicitor negligence over a will then the usual 'loser pays' rule may not apply...

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SIPPs: FCA announces new capital framework

18 September 2014

SIPP Operators will be forced to hold an extra £18m in reserve capital under new rules outlined by the FCA last month.

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Claim for entrepreneurs' relief succeeds: Tribunal finds that the removal from the payroll did not end taxpayer's employment

17 September 2014

The First-tier Tribunal (Tax Chamber) (FTT) has decided in Corbett v HMRC[1] that removing a taxpayer from a company's payroll before a sale of that company did not end her employment for the purposes of claiming entrepreneur's relief.

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Turning the clock back

Published on 15 September 2014. By Alan Williams, Partner

A recent Court of Appeal decision[1] in a pensions' dispute provides a reminder of circumstances in which the English courts will allow a statement of case to be amended to bring a new claim which would otherwise be time barred.

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Slapdash SIPPs told to sharpen up by FCA

15 September 2014

SIPP Operators have repeatedly been in the headlines since the FCA completed its second thematic review in 2012.

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Slapdash SIPPs told to sharpen up by FCA

15 September 2014

SIPP Operators have repeatedly been in the headlines since the FCA completed its second thematic review in 2012.

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Tribunal rejects Ramsay argument and allows taxpayer's appeal in corporate bond case

12 September 2014

In Hancock & Hancock v HMRC[1] the First-tier Tribunal (FTT) has upheld the taxpayer's appeal against HMRC's decision ...

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Legal Lasers

12 September 2014

Building Information Modelling (BIM) is quickly becoming recognised as the future of design, construction and facilities management for new build projects. But what about existing buildings?

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Bank backs another winner in interest rate swaps saga – but is it luck or judgement?

11 September 2014

Despite their costly on-going review work and redress exercises, banks that sold interest rate swaps are still facing parallel court claims.

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Good or bad news on the flood insurance front?

11 September 2014

Increasingly severe flood events, climate change, new housing in flood plains, inadequate government spending on flood defences – these all point to increasing risk of flooding for more and more properties.

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Blog

Dividends under Solvency II

11 September 2014

As you will be aware, Solvency II will impose requirements as to the quality of the capital held by a firm. Core tier 1 capital is the best, and will typically be made up by ordinary share capital.

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Blog

No reason to delay October 2014 renewal for solicitors

Published on 09 September 2014. By Tina Campbell, Senior Associate

This is traditionally a busy time of year for insurers, brokers and law firms in the run up to the 1 October deadline for securing professional indemnity insurance cover.

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Blog

The Insolvency Service Complaints Gateway – first year report card

Published on 08 September 2014. By Rachael Healey, Partner

In June 2013 the Complaints Gateway was established to provide a single entry point for regulatory complaints against insolvency practitioners.

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Blog

Tribunal bars HMRC from taking further part in appeal

04 September 2014

In BPP University College of Professional Studies v HMRC[1]the First-tier Tribunal (Tax Chamber) (FTT) found that HMRC had failed to comply with an 'unless' order under Rule 8(3) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules).

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Blog

Credit where credit's due

Published on 29 August 2014. By Tom Lloyd, Senior Associate

The controversy surrounding payday loans looks set to continue as the FOS has issued a warning to consumers about payday loan middlemen.

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Blog

No tax please, we're British – Culture test for video games tax relief comes into force

Published on 29 August 2014. By David Cran, Partner

On 19 August 2014, regulations to determine a video game as "British" for the purposes of corporation tax relief for video games development came into force.

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Blog

FOS respondents still at risk of further action despite Clark v In Focus ruling

28 August 2014

When Lady Justice Arden handed down her judgment in the Court of Appeal case of Clark v In Focus ...

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First-tier Tribunal holds that there is no taxable supply where there is no obligation on a subsidiary company which was receiving subsidiary services from the Group parent

27 August 2014

In Norseman Gold plc v HMRC[1] the First-tier Tribunal (Judge Colin Bishopp) ("FTT") dismissed an appeal by Norseman Gold plc ("Norseman") ...

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The perils of skiing, reduced bonuses and missed deadlines

26 August 2014

The High Court has recently revisited how loss of chance damages will be quantified in professional negligence claims.

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Denton v White guidance applied

26 August 2014

In little more than a month since the Court of Appeal handed down its judgment ...

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Ensuring that where there's a Will, the right way is adopted – and by the right person

26 August 2014

The Law Society Gazette has recently reported that claims for mishandling a deceased's estate have more than tripled over the last year, according to figures released by the High Court.

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Blog

Permission refused to use disclosed documents in foreign proceedings

Published on 22 August 2014. By Laura Martin, Senior Associate

At the end of June the SFO announced that it had settled claims brought by Vincent Tchenguiz arising from the manner in which his alleged involvement in the collapse of the Icelandic bank Kaupthing hf. was investigated by the SFO.

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Over EUR760 million worth of product seized by EU customs authorities in 2013

Published on 22 August 2014. By David Cran, Partner

According to the "Report on EU customs enforcement of intellectual property rights – Results at the EU border 2013", customs authorities in 2013 opened approximately 87,000 detention cases in respect of 36 million articles, accounting for a domestic retail value of more than €760 million.

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Blog

Toasted sandwiches are standard-rated “hot food” for VAT purposes

21 August 2014

In Sub One Ltd (t/a Subway) v HMRC[1] the Court of Appeal has upheld the decisions of both the First-tier Tribunal (FTT) and the Upper Tribunal (UT) that toasted sandwiches and "meatball marinara" are "hot food" and therefore, for VAT purposes, amount to standard-rated supplies. This decision has implications for a number of fast food outlets.

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Treading uneven boards: VAT claims and setoff – Birmingham Hippodrome Theatre Trust Ltd v HMRC [2014] EWCA Civ 684

Published on 14 August 2014. By Robert Waterson, Partner

The Court of Appeal's decision in this case is likely to create a great deal of uncertainty for taxpayers seeking to recover unlawfully levied VAT from HMRC.

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Blog

Let's talk about VAT – a useful reminder

Published on 14 August 2014. By Ben Roberts, Senior Associate

A recent Court of Appeal decision (CLP Holding Co Ltd v Singh and Kaur[1]) serves as a reminder to consider VAT during sale negotiations, and ensure that VAT wording in contracts is sufficiently clear.

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Blog

FCA fines general insurer £8.4m for TCF and Conduct Risk failings

Published on 11 August 2014. By Andrew Price, Senior Associate

The FCA's latest enforcement action in the general insurance sector is a useful source of conduct risk guidance and a reminder that firms cannot delegate their regulatory responsibilities to outsourced service providers, not even to those that are themselves FCA authorised.

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Blog

HMRC closing the gap on tax avoidance

07 August 2014

Anyone who has invested in, promoted, or advised on any form of tax mitigation scheme may be feeling slightly nervous following the latest announcement from HMRC concerning the on-going saga of tax avoidance. And understandably so.

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Blog

"Fashioning" prior art – CJEU ruling on unregistered Community designs

Published on 07 August 2014. By Jeremy Drew, Partner

On reference from the Irish Supreme Court, the Court of Justice of the European (CJEU) has provided further commentary on the scope of prior art required to invalidate an unregistered Community design.

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Trading "with a view to the making of a profit" - an objective or subjective test?

Published on 06 August 2014. By Dan Wyatt, Senior Associate

In Beacon Estates (Chepstow) Ltd v HMRC [2014] UKFTT 686 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') allowed the taxpayer's appeal, holding that 'with a view to' in section 393A(3), Income and Corporation Taxes Act 1988 ('ICTA')[1] imports an objective test when considering relief for trading losses.

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Blog

CoCos go pop!

Published on 05 August 2014. By Drew Naylor, Senior Associate

In the wake of the banking crisis, the Financial Services Act 2012 gave the FCA a range of new and enhanced powers with which to pursue its regulatory objectives.

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Transfer of corporate profits – update

Published on 04 August 2014. By Ben Roberts, Senior Associate

Earlier in the year I posted a blog on the proposed new anti-avoidance measure, targeted at so-called "profit transfers" from one group company to another.

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Blog

Don't delay when requesting a stay under the Community Trade Mark Regulations

Published on 04 August 2014. By Jeremy Drew, Partner

In proceedings in which the defendants have already been found liable for passing off and trade mark infringement in respect of the BETTY BOOP trade marks, the High Court has rejected the defendants' application to have the remaining copyright infringement and trade mark invalidity proceedings stayed in favour of earlier, related Italian proceedings.

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Blog

Holding back the crowds: How regulators are stifling the crowdfunding industry

31 July 2014

Crowdfunding is nothing new. Over the past few years, it has evolved from a little-known and rarely-used concept by which small businesses could raise money, to a truly viable alternative to venture capital.

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Blog

Holding back the crowds: How regulators are stifling the crowdfunding industry

31 July 2014

Crowdfunding is nothing new. Over the past few years, it has evolved from a little-known and rarely-used concept by which small businesses could raise money, to a truly viable alternative to venture capital.

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Blog

The Rangers Case and EBTs

Published on 31 July 2014. By Robert Waterson, Partner and Adam Craggs, Partner

The following was taken from a longer article by Robert Waterson and Adam Craggs originally published in Tax Journal (25 July 2014, pp16-17, www.taxjournal.com).

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Blog

Trust and wealth disputes update

29 July 2014

Our latest trust and wealth disputes update is available by clicking here. Topics include:

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Blog

Reasonable excuse

24 July 2014

In the recent case Spink v HMRC[1] the First-tier Tribunal (Tax Chamber) ('FTT') allowed the taxpayer's appeal against the imposition of penalties by HMRC for late payment, as it was satisfied that the taxpayer concerned had a reasonable excuse for the late payment.

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Blog

Solicitors beware! Fraudsters want your client account!

Published on 24 July 2014. By Jonathan Wyles, Legal Director

A solicitor's client account has long been a target for fraudsters.

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Manage your damages expectations! Says the Commercial Court

23 July 2014

The Commercial Court recently dampened the Fiat car group's hopes of receiving a loss of profits pay out from Lotus by dismissing its application for summary judgment on a claim for repudiatory breach of contract[1].

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Blog

An enquiry is as an enquiry does – HMRC's narrow interpretation of what constitutes an enquiry is rejected by the Upper Tribunal

Published on 17 July 2014. By Robert Waterson, Partner

The recent case of Portland Gas Storage Limited v The Commissioners for HMRC [2014] UKUT 0270 (TCC), considered two important questions: what is an enquiry? and what is a decision?

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Blog

ABI proposals on home and motor insurance renewal pricing

16 July 2014

The ABI has recently announced that it has written to the FCA setting out its proposals to improve transparency and clarity for customers when renewing their motor and home insurance policies.

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Has the FOS decided Lehman's collapse was not foreseeable; or is that too remote a hope?

Published on 15 July 2014. By Lucy Joyce, Senior Associate

Nearly six years have elapsed since we first saw the iconic photographs of Lehman Brothers' employees filing out of the former bank's worldwide headquarters, carrying their belongings in cardboard boxes.

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Be prepared to mediate or prepare to pay

11 July 2014

The High Court has ordered costs on an indemnity basis after a continuing and unreasonable failure on the part of the Defendant to engage with mediation before then accepting a Part 36 offer late following trial.

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Blog

Enhancing Supervision: How will the FCA's new regulatory model work in the real world?

Published on 10 July 2014. By Drew Naylor, Senior Associate

Readers may recall the FSA's 'close supervision' of firms, which could arise after an ARROW visit if significant failings were identified.

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Tax 'tsunami': will litigation wave crash over tax advisers and IFAs as Revenue uses new powers?

10 July 2014

New powers which will be introduced via the Finance Act 2014 are leading to investors in tax schemes crystallising their tax losses much sooner than anticipated.

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Blog

Taxpayer succeeds in loss relief claim

Published on 10 July 2014. By Dan Wyatt, Senior Associate

In Hamilton & Kinneil (Archerfield) Ltd and others v HMRC [2014] UKFTT 350 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') held that a company which had not made a cash capital contribution to a limited liability partnership could nonetheless claim loss relief against its other profits in respect of losses incurred by the limited liability partnership.

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Blog

Hong Kong: broker commission – proposed rules of conduct

Published on 10 July 2014. By David Smyth, Senior Partner, Hong Kong

A key provision of the Insurance Companies (Amendment) Bill 2014 is the formation of an independent Insurance Authority (IA) to take over from the Office of the Commissioner of Insurance.

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Blog

The problem with plain cigarette packaging

Published on 09 July 2014. By Jeremy Drew, Partner

This interview was first published on Lexis®PSL Commercial on 7 July 2014.

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