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Blog

Expert witnesses required to disclose professional relationship

Published on 20 May 2015. By Adam Craggs, Partner

In the recent case of EXP v Dr Charles Simon Barker [2015] EWHC 1289 (QB), the High Court has emphasized the importance of the independence of expert witnesses and of disclosing any conflicts of interests at the earliest opportunity.

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Blog

FOS by numbers

Published on 20 May 2015. By George Smith, Senior Associate

The FOS has published its 2014/15 annual review, setting out a plethora of fascinating statistics about the service.

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Blog

Section 14A: Equity aids the vigilant!

Published on 19 May 2015. By Aimee Talbot, Associate

The recent Court of Appeal case of Chinnock –v- Veale Wasbrough [2015] EWCA Civ 441 is a stark reminder to potential claimants to seek a second opinion if they are dissatisfied with their legal advice, or risk the consequences.

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Blog

New law and regulation adding to insurers' regulatory woes

18 May 2015

The publication of the FCA's report on the impact of consumer credit regulation on the retail general insurance market adds another interesting dimension to a sector already under increasing regulatory scrutiny following recent legal developments, such as the imminent coming into force of the Insurance Act 2015.

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Blog

Still no joy for investors' mis-selling claims

Published on 18 May 2015. By Jonathan Cary, Partner

In the latest alleged mis-selling case in Hong Kong, the Court of First Instance maintained a consistent approach with other recent cases, rejecting an investor's claim based on misrepresentation and suggesting that the principle of contractual estoppel is alive and well.(1)

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Blog

Marketing to professional investors – the Court of Final Appeal's verdict

Published on 18 May 2015. By Jonathan Cary, Partner

In Securities and Futures Commission v Pacific Sun Advisors Ltd, the Hong Kong Court of Final Appeal recently ruled that the advertisement of a collective investment scheme intended to be disposed of only to professional investors ...

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Blog

FCA Authorisation team should share its findings from P2P applications

15 May 2015

The FCA's authorisation process is quite opaque and does not give the regulator much latitude to comment upon individual applications.

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Blog

Spot the Difference? Uncertainty continues for SIPP administrators and trustees in the wake of the Berkeley Burke decision

Published on 14 May 2015. By Rachael Healey, Partner

Please see our latest legal alert following the recent Pensions Ombudsman decision on the duties of SIPP Trustees when it comes to SIPP investments.

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Blog

FCA finds shortcomings in premium finance services to insurance market

14 May 2015

The FCA published earlier this week its thematic review report on the provision of premium finance to retail general insurance customers.

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Blog

Digital content under the new Consumer Rights Act

Published on 14 May 2015. By Oliver Bray, Partner

The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.

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Blog

European Commission announces a Digital Single Market by 2016

Published on 13 May 2015. By Paul Joseph, Partner

On 6 May 2015, the European Commission released its Digital Single Market Strategy (DSMS) for Europe.

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Blog

Tribunal orders HMRC to pay taxpayers' costs in avoidance case

Published on 13 May 2015. By Adam Craggs, Partner

In our blog of 3 July 2014, we reported on the decision of the First-tier Tribunal ("FTT") in R, A and M Gardiner v HMRC[1].

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Blog

FCA approval times for firms expanding into new business lines up by 85% in two years

11 May 2015

Based on information obtained from the FCA the time taken to authorise a financial services business adding an additional business line has increased by 85% in the last two years - 18.5 weeks in Q4 2014, up from 10 weeks in Q1 2013.

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Blog

Diverted Profit Tax - captive insurers

08 May 2015

Following on from our earlier blog, the HMRC has published interim draft guidance which expands on how the Diverted Profit Tax (DPT) may apply to insurance arrangements, including a number of sector-specific scenarios.

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Blog

Russell Brand v Katie Hopkins

Published on 07 May 2015. By Genevieve Isherwood, Associate

Whether we like it or not, celebrities can wield a great deal of power and influence; on the clothes we wear, the films we see or the products we buy.

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Blog

Court of Appeal issues guidance on the meaning of "sham" in pension scheme case

Published on 07 May 2015. By Robert Waterson, Partner

In R v Quillan and others [2015] EWCA Crim 538, a complex fraud case, the Court of Appeal, in ruling that there was no case to answer, provided some helpful comments on the requirements of "sham".

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Blog

We have all the time in the world: the Supreme Court rules that a wife can pursue a financial settlement from her husband 23 years after they divorce

Published on 07 May 2015. By Claire Revell, Senior Associate

The Supreme Court recently week handed down its decision in Wyatt v Vince, a case which has troubled both the headlines and anyone that divorced in the last decade or two.

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Blog

Good Russian Service

Published on 07 May 2015. By Alan Williams, Partner and Andy McGregor, Head of Civil Fraud

Following the decision in Sloutsker v Romanova[1], it should now be more difficult for parties to evade the effective service of English court documents in Russia.

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Blog

Carry On Constitution…

Published on 06 May 2015. By Constantine Christofi, Associate

Vote on Election Day, then wake up to a new Government and new Prime Minister. That's what people in this country have been used to for the best part of 150 years.

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Blog

The National Health Service: Protecting Britain’s most precious asset

Published on 06 May 2015. By Kristiana Reynolds, Senior Associate

With the general election now imminent, the hot topic of the NHS is being discussed more than ever before. Which party will protect it the best? Does it need to change? Read on to see!

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Blog

The changing role of General Counsel

06 May 2015

The role of the General Counsel (GC) in the modern business has changed immeasurably in the years since the financial crisis took hold.

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Blog

General Counsel Power List

06 May 2015

The publication of Legal Business' list of top 100 General Counsel – their Power List – is a real mark in the sand for the changing role that GCs play within their organisations.

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Blog

General Counsel – A Changing Role In A Changing World

06 May 2015

Increasingly I realise just how easy some of us in private practice have it compared to General Counsel (GC) and in-house lawyers.

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Blog

Innovation in law

06 May 2015

At RPC we believe that the ability and willingness to innovate is crucial to remaining competitive in the modern legal environment.

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Blog

The GC Excellence Report

06 May 2015

More GCs aspire to roles on the board of their companies than ever before.

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Blog

A GC as business leader

06 May 2015

It’s already an accepted fact that the role of the general counsel has changed fundamentally, particularly in the years since Lehmans crashed.

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Blog

Attest in haste, repent at leisure

06 May 2015

The FCA has recently published another final notice issued to a large bank arising from LIBOR-related misconduct.

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Blog

UK cyber security: insure against 'rapid, highly damaging and public' threats

Published on 06 May 2015. By Mark Crichard, Partner

Cyber attacks present a daily threat to UK businesses and have become more destructive in recent years with data breaches and hacks frequently making front page news.

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Blog

The Election: Getting the female vote

05 May 2015

Despite women making up 52% of the electorate women are significantly less likely to vote than men - 55% of women are certain they will vote compared to 65% of men.

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Blog

A test of skill

Published on 05 May 2015. By David Allinson, Senior Associate

Last week, the Administrative Court granted permission to judicially review the s.166 process for reviewing redress awarded as part of the interest rate hedging product scheme.

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Blog

Contractual notice of warranty claim

Published on 05 May 2015. By Geraldine Elliott, Partner

In The Hut Group Limited v Nobagar-Cookson[2], the High Court considered what was required to comply with a provision in a share purchase agreement requiring notice to be given of a breach of warranty claim.

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Publication

The future of "Safe Harbour"

04 May 2015

The future of the “Safe Harbor” is uncertain. Questions about its effectiveness have been brought to the fore in the wake of the privacy and data security scandal that followed Edward Snowden’s revelations about surveillance by US government agencies.

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Publication

Size doesn't matter: regulating "big data" in a "small data" world

04 May 2015

Big data is everywhere. Once the preserve of innovators and technology entrepreneurs, big data analysis is now routinely used by a wide range of public and private sector organisations. It’s a tool for planning, resource management and gaining competitive advantage.

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Publication

Compensation for "distress-only" claims under DPA

03 May 2015

In an important ruling, the Court of Appeal confirms that the cause of action for misuse of private information is a tort and rules on the meaning of “damage” under s13 of the Data Protection Act, allowing claimants to recover compensation for “distress” resulting from a breach of the Act without also having to prove pecuniary losses.

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Blog

Who's paying (and voting) for Employment Tribunal fees?

Published on 01 May 2015. By Rebecca Rose, Associate

It's about politics. So, what three-word issue links the UK's relationship with the EU, public service funding, gender equality and immigration?

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Blog

Burden of proof for information notices on taxpayer

Published on 30 April 2015. By Adam Craggs, Partner

In the recent case of Joshy Mathew v HMRC [2015] UKFTT 139 (TC), the First-tier Tribunal (Tax Chamber) ("FTT"), considered where the burden of proof lies for establishing whether documents or information is "reasonably required", for the purposes of paragraph 1(1), Schedule 36, Finance Act 2008.

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Blog

CFAs continue for insolvent companies

Published on 30 April 2015. By Alexandra Anderson, Partner

In April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force, making the success fee applied to a Conditional Fee Arrangement (CFA), and the After the Event (ATE) insurance premiums, irrecoverable by a successful party to litigation proceedings.

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Blog

High Court considers iniquity exception for disclosure of privileged documents

Published on 30 April 2015. By Geraldine Elliott, Partner

In the case of London Borough of Brent v Kane, the court considered an application for the disclosure of legal advice that was alleged to have been given for an iniquitous purpose such that the benefit of any privilege that might otherwise have attached to the document was lost.

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Blog

The rise of the food bank: society in action

Published on 29 April 2015. By Amelia Payne, Associate

The existence of, and the ever increasing reliance upon, food banks is an issue which has oft been mooted during the run up to the election with Jeremy Paxman ...

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Blog

Justice for taxpayer where tax charge "repugnant to common fairness"

Published on 29 April 2015. By Tom Lloyd, Senior Associate

The Upper Tribunal of the Tax and Chancery Chamber has upheld a taxpayer's appeal against a £383,000 tax charge which potentially left him facing bankruptcy.

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Blog

Pyrrhus defeats the FCA

29 April 2015

The Upper Tribunal has directed the FCA to prohibit former insurance broker Stephen Allen from performing any function in relation to a regulated activity.

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Blog

Charterparty arbitration clauses: too much of a good thing?

29 April 2015

It is a fact of commercial life that, at least with the benefit of hindsight, contracts are not always drafted clearly.

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Blog

Get your 'om' back

Published on 28 April 2015. By Rebecca Rose, Associate

You may have read Sarah Carmichael's 2014 article 'Are you sitting comfortably' on the dangers of having a predominantly sit-down job. For those of you who didn't instantly hand in your notice and take up a job landscape gardening, there is good news: yoga.

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Blog

Bringing EU regulation home – a sign of things to come?

Published on 28 April 2015. By Davina Given, Partner

A short recent judgment is a reminder of the need for financial institutions to keep an eye not only on what their home regulator is doing, but also European regulators.

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Blog

As seen at CofA – split decision on 'own name' in Assos v Asos

Published on 27 April 2015. By David Cran, Partner

The Court of Appeal has held that use of the ASOS brand by the well-known online clothing retailer, Asos, created a likelihood of confusion with and damaged the distinctive character of the earlier ASSOS Community Trade Marks owned by Assos, the specialist cycle clothing retailer, but Asos could nonetheless rely on the 'own name' defence to avoid trade mark infringement.

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Blog

High Court dismisses negligence claim as taxpayer did not stand up to tax authority!

Published on 23 April 2015. By Adam Craggs, Partner

Law firm Baker & McKenzie LLP (the "Tax Advisers") have successfully defended a claim brought against them for losses arising out of negligent tax advice.

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Blog

Enforcing jurisdiction agreements in the EU – Brussels casts out "abusive litigation tactics"

22 April 2015

Disputes over jurisdiction (i.e. where a claim is heard and determined) are commonplace in shipping and international trade.

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Blog

Court of Appeal opens the door to 'distress-only' data breach claims where no financial loss

21 April 2015

In an important ruling, the Court of Appeal confirms that misuse of private information is a tort and rules on the meaning of "damage" under s13 of the Data Protection Act ("the DPA"), allowing claimants to recover compensation for "distress" resulting from a breach of the Act without also having to prove pecuniary losses.

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Blog

Under pressure: will the FOS provide Accelerated Dispute Resolution?

17 April 2015

The FOS will soon be under increased pressure to reduce the time it takes to reach its decisions following the implementation of the EU Alternative Dispute Resolution (ADR) directive in three months' time.

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Blog

Cyber Insurance: A Critical Weapon In The War On Cyber Attack

Published on 17 April 2015. By Emma Kislingbury, Associate

It will have been hard to have missed the reports of the recent surge in high profile cyber attacks – whether in relation to the Kaspersky Labs $1bn cyber robbery, points stealing from British Airways' air-miles accounts or the Sony Pictures hack following controversy over the film The Interview.

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