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New Customs Enforcement Regulation

Published on 20 January 2014. By David Cran, Partner

With effect from 1 January 2014, the new Customs Enforcement Regulation 608/2013 (Regulation) gives customs authorities extended powers to detain counterfeit or pirated goods at the borders of the European Union.

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Blog

Litigation privilege – a cautionary tale

Published on 20 January 2014. By Christopher Whitehouse, Associate

In Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm), the Claimant, Starbev GP Ltd ("Starbev"), successfully challenged the claim of the Defendant, Interbrew Central European Holding BV ("ICEH"), to withhold inspection of two categories of documents on the ground of litigation privilege.

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Blog

Now do as you are told!

Published on 17 January 2014. By Alexandra Anderson, Partner

In the case of Thavatheva Thevarajah -v- John Riordan and Others, the Court of Appeal has once again made clear that, if you fail to follow directions for a claim, you will be penalised.

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Blog

More than just a Bitcoin on the side?

16 January 2014

In the darkest days of the recent recession it was a mainstream view that the euro - the currency with the largest cash circulation in the world - might completely collapse and that the franc, deutsche mark and other abandoned currencies might re-emerge in its stead.

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Blog

Court finds HMRC's entry and search unlawful

15 January 2014

In the recent judicial review case of R (on the application of Lees & Ors)[1], the High Court held that the execution of search and seizure warrants obtained by HMRC was unlawful.

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Blog

Too close for comfort – LPAs fail on the duty to co-operate

14 January 2014

You would have thought that by now, after nearly 2 years since the Localism Act and National Planning Policy Framework have been in place, that local planning authorities would have got their act together.

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Blog

Breaking the (supply) chain

Published on 10 January 2014. By Paul Joseph, Partner and Henry Priestley, Senior Associate

Determining the source of infringing goods put on the market is often a priority for trade mark owners seeking to prevent sales of infringing products.

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Blog

Architect's negligence: Strike Out Application fails to determine limitation position

10 January 2014

Edwards-Stuart J recently held in Venulum Property Investments Ltd v Space Architects Ltd & 5 Ors (2013) that it was not appropriate to decide the limitation issues via a strike out application in the absence of full evidence.

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Blog

Franked Investment Income ('FII') Group Litigation: ECJ strikes down UK's retroactive curtailment of limitation period for making mistake-based tax restitution claims

09 January 2014

On 12 December 2013 the Court of Justice of the European ('ECJ') ruled, in line with the Advocate-General's opinion dated 5 September 2013, that section 320 Finance Act 2004 ('section 320') breached EU law.

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Blog

“It is well enough that people…do not understand our banking system, for if they did, I believe there would be a revolution before tomorrow morning.”

Published on 09 January 2014. By Amelia Payne, Associate

As another tale of market manipulation hits the headlines, one has to admit that Mr. Ford probably wasn't far wrong.

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Blog

Regulator gets its Tiger in HK

Published on 08 January 2014. By David Smyth, Senior Partner, Hong Kong

Overseas hedge fund admits to insider dealing of listed shares in Hong Kong

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Blog

Court of Appeal warns claimants to tread carefully when faced with multiple tortfeasors

08 January 2014

In Gladman Commercial Properties, the Court of Appeal has upheld a High Court decision to strike out a second claim, brought against joint tortfeasors who were not parties to an earlier claim which had been compromised by a settlement agreement.

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Blog

You've been framed - High Court issues ISP blocking order

Published on 07 January 2014. By Paul Joseph, Partner and Adam Cusworth, Senior Associate

The UK High Court has once again shown its support for copyright holders, granting six major film companies blocking orders under the Copyright Designs and Patents Act 1988 against the UK's six main internet service providers ...

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Blog

Harmonisation of EU copyright: the Commission consults

Published on 07 January 2014. By Paul Joseph, Partner and Henry Priestley, Senior Associate

The European Commission (the "Commission") is set to complete its review of copyright law in the EU by spring 2014.

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Blog

Adjudication - "Pay first, argue (now up to twice as much) later"

07 January 2014

The recent Court of Appeal decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 clarifies that a limitation term is implied into every construction contract under the Construction Act 1996, where no express term exists.

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Blog

Complaints-led regulation of general insurance – FOS' increasing role

06 January 2014

The nature of annual insurance policies makes the GI market ripe for complaints-led regulation.

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Blog

Court of Appeal emphasises importance of truthful pleadings

02 January 2014

The Court of Appeal has recently upheld the High Court’s decision in Makdessi –v- Cavendish Square[1] allowing committal proceedings for contempt of court to be brought against Mr Makdessi for making false statements in his pleadings.

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Blog

Complaints-led regulation of general insurance – FOS' increasing role

23 December 2013

The nature of annual insurance policies makes the GI market ripe for complaints-led regulation.

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Blog

Are mobile devices making careless employees a bigger threat than cyber criminals?

23 December 2013

According to the Mobile Operators Association, in 2000 half of UK adults owned a mobile phone.

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Blog

Which? Why? More importantly, who else?

20 December 2013

Which? and other similar consumer bodies have been granted 'super-complainant' status. How will they use it and, of greater concern, who else might be so empowered?

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Blog

2013 – A review of the year, and Seasonal Greetings!

19 December 2013

2013 has been a busy year for the RPC Tax Take team. To round the year off we have highlighted below a small sample of some of our top blog posts from the past 12 months.

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Blog

Fairness is key in a securities lending agent's communication with clients

18 December 2013

In AP-Fonden v Bank of New York Mellon SA/NV & Ors[1] the High Court considered the nature and extent of the duty of care owed by a securities lending agent when managing a client's portfolio.

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Blog

David Cody v Andrew Murray and others [2013] EWHC 3448 (Ch)

17 December 2013

In a recent decision the High Court ordered a Claimant based in Texas to pay security for costs.

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Blog

FCA fines Lloyds TSB for financial incentives failings

12 December 2013

Governance failings and conflicts mis-management can take many forms.

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Blog

Autumn Statement 2013 – George's Marvellous Medicine?

Published on 11 December 2013. By Ben Roberts, Senior Associate

In the midst of the political point-scoring, last week's Autumn Statement was light on significant new tax announcements.

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Blog

Trade secrets: proposed European harmonization – an update

Published on 11 December 2013. By David Cran, Partner

Following a study on trade secrets and confidential information in the internal market ...

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Blog

Scottish Independence?

10 December 2013

The Scottish National Party (SNP) has formally issued its proposals for an independent Scotland.

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Blog

Financial Transaction Tax – still a cause for concern?

Published on 10 December 2013. By Ben Roberts, Senior Associate

The FTT was due to take effect from 1 January 2014. In June the European Commission quietly announced a delay of at least 6 months.

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Blog

Want to Control the Future?

10 December 2013

A seller commonly wishes to restrict the buyer's use of land after the sale – sometimes forever and sometimes only for a limited period.

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Blog

Latest investor's lawsuit in Hong Kong

09 December 2013

As stated in our blog of 19 April 2013, investors are facing some rather strong headwinds in trying to sue banks and financial institutions in Hong Kong.

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Blog

A Notice of Requirement and VAT Security

09 December 2013

A former TV chef was recently fined £10,000 for his failure to comply with a Notice of Requirement (NOR) to give a VAT security (http://abytx.co/1bDo2U0).

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Blog

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc

06 December 2013

Court of Appeal - 29 November 2013

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Blog

Quality of occupation is paramount when deciding whether a property is a taxpayer's 'only or main residence' for the purposes of capital gains tax

05 December 2013

A recent decision of the First-tier Tribunal (Tax Chamber) ('FTT') provides helpful insight into the way in which the FTT will apply the Capital Gains Tax Private Residence relief provisions contained in sections 222 and 223 of the Taxation of Chargeable Gains Act 1992 ('TCGA').

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Blog

The Financial Crisis - Where are we now?

Published on 04 December 2013. By Alan Williams, Senior Associate

"The first thing we do, let's kill all the lawyers" was the cry that famously went up in a peasant's revolt dramatised by Shakespeare centuries ago.

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Blog

The Alexandros T

Published on 04 December 2013. By Jake Hardy, Legal Director

The Supreme Court in The Alexandros T has delivered an important decision on the application of Articles 27 and 28 of Regulation 44/2001 in the English courts.

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Blog

The end of 'blue-sky thinking'?

Published on 02 December 2013. By Rebecca Rose, Associate

'If we use language the rest of the world doesn't understand, we diminish [our] reputation.'

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Blog

No copyright in software functionality – SAS v WPL, the final chapter

Published on 02 December 2013. By David Cran, Partner and Adam Cusworth, Senior Associate

The Court of Appeal has handed down its decision in the lengthy SAS Institute Inc. v World

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Blog

The Tribunal considers its public law jurisdiction in VAT online filing human rights case

27 November 2013

The First-tier Tribunal (Tax Chamber) ('FTT') has recently considered various difficult questions in relation to its public law jurisdiction and the relevance of human rights issues to taxation disputes in LH Bishop & Others v HMRC[1].

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Blog

You have been warned - comply or else!

Published on 27 November 2013. By Jonathan Wyles, Legal Director

On 27 November 2013 the Court of Appeal handed down its eagerly awaited judgment in Mitchell v News Group Newspapers [2013] EWCA Civ 1526.

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Blog

Banks beware: IP rights may trump customer confidentiality

Published on 27 November 2013. By David Cran, Partner

The German Supreme Court has recently asked the Court of Justice of the European (CJEU) whether a bank can refuse to disclose confidential information about one of its customers to a third party who alleges that the customer is using the bank's services to sell counterfeit products and infringe the third party's trade marks.

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Blog

Financial Litigation Roundup

Published on 26 November 2013. By Chris Ross, Partner

Please click here for our bulletin containing a roundup of the key judgments from litigation in the banking sector in 2012/2013 and review of matters currently before the courts.

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Blog

High Court considers service of breach of warranty claim

Published on 25 November 2013. By Daniel Wyatt, Senior Associate

In Ageas (UK) Limited -v- Kwik-Fit (GB) Limited, the court considered a preliminary issue regarding service of proceedings in a breach of warranty claim.

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Blog

A Damp Squibb

Published on 25 November 2013. By David Thorne, Partner

The recent case of Squibb Group Ltd v (1) London Pleasure Gardens (2) London Borough of Newham [2013] EWHC 3275 (TCC) demonstrates that contractors cannot rely on funders to pay outstanding fees where an employer runs into financial difficulty.

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Blog

Mattel Left Scrambled without any Friends in the Court

Published on 25 November 2013. By Paul Joseph, Partner and Ben Mark, Legal Director

Following a recent defeat in the Court of Appeal in relation to the validity of its three-dimensional tile mark (J W Spear & Son Ltd, Mattel Inc. and Mattel UK Ltd v Zynga Inc [2013] EWCA Civ 1175) ...

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Blog

Tribunal sets aside HMRC's Schedule 36 information notice

22 November 2013

The First-tier Tribunal (Tax Chamber) ('FTT') has allowed a taxpayer's appeal against an information notice issued by HMRC pursuant to paragraph 1, Schedule 36, Finance Act 2008.

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Blog

Discretion to stay - exclusive jurisdiction clauses and foreign proceedings

Published on 21 November 2013. By Christopher Whitehouse, Associate

In Nomura International Plc v Banca Monte Dei Paschi Di Siena SpA [2013] EWHC 3187 (Comm), ...

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Blog

Silence can be expensive - the dangers of ignoring an opponent's ADR Request

Published on 14 November 2013. By Christopher Whitehouse, Associate

In PGF II SA v OMFS Co [2013] EWCA Civ 1288, the Court of Appeal extended the guidelines set out in Halsey v Milton Keynes General NHS Trust[1]

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Blog

Groundless Threats: Time for Reform?

Published on 14 November 2013. By Jeremy Drew, Partner and Georgia Davis, Legal Director

Current IP legislation provides for protection against groundless threats in respect of IP infringement being brought by a rights holder against a competitor.

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Blog

Tribunal prevents HMRC from 'relitigating' the case in Rosenbaum v HMRC

Published on 13 November 2013. By Daniel Wyatt, Senior Associate

In Rosenbaum v HMRC[1] the First-tier Tribunal ('FTT') recently considered the circumstances in which it can set aside a decision under Rule 38 of The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 ('the Tribunal Rules').

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Blog

Solvency II – the Phoney War

11 November 2013

The Guidelines on Governance released by EIOPA on 27 September 2013 set out EIOPA's view on what insurers should be doing in advance of (and in preparation for) the implementation of Solvency II.

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