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Mitchell: No excuse for a 'common sense' blind spot

19 February 2014

A recent decision by Mr Justice Stuart-Smith in the TCC in The Governor & Company of The Bank of Ireland -v- Philip Park Partnership illustrates that it is possible to push strict emphasis on CPR compliance too far.

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Rolex ruling-CJEU gives good news to EU rights holders

Published on 17 February 2014. By Jeremy Drew, Partner

This article was first published on Lexis®PSL IP & IT on 13 February 2014 and is in a Q&A format with Kate Beaumont.

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Blog

Basel III – insurance as a risk mitigant?

Published on 17 February 2014. By Oliver Knox, Senior Associate

RPC's banking team recently attended the Loan Market Association's (LMA's) seminar on "Mitigating Risk – Insurance as a Risk Mitigant" which focussed on whether insurance could be used by banks for the purpose of securing capital relief under Basel III.

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Blog

FOS in focus

14 February 2014

The Court of Appeal confirmed this morning that a FOS complainant with an award at the statutory maximum of £150k cannot sue for the balance of their losses in Court.

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Blog

FOS is the one and only

14 February 2014

After what has felt like an interminably long wait, the Court of Appeal has today allowed the appeal in Clark v In Focus.

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Blog

CJEU rules that linking and framing is not copyright infringement

Published on 13 February 2014. By Paul Joseph, Partner

The CJEU handed down an important decision this morning on online copyright infringement.

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Blog

FTT listens to used car salesman and allows his claim for entrepreneur's relief

13 February 2014

In a recent decision of the First-tier Tribunal (Tax Chamber) ('FTT') it was held that a significant change in business constituted a cessation of one business and the commencement of a second business, (Jeremy Rice v HMRC [2014] UKFTT 0133 (TC)).

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Blog

SEC ups the ante on audits of Chinese companies listed in US

Published on 13 February 2014. By Robert Morris, Partner

In its "Initial Decision" No. 553, a US Securities and Exchange Commission administrative law court recently concluded that the Chinese affiliates of five international accounting firms breached section 106 of the US Sarbanes-Oxley Act 2002 ...

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Blog

Competition and Markets Authority announces its 'Vision, values and strategy'

12 February 2014

The Competition and Markets Authority ("CMA") is the new combined successor body to the Office of Fair Trading and the Competition Commission, created by the Enterprise and Regulatory Reform Act 2013.

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Blog

Offshore Ombudsman: Financial Ombudsman Service for Jersey and Guernsey on its way

12 February 2014

With the first glimmers of spring breaking through the clouds, the Ombudsman, like many of us, is packing his bowler and planning a trip off-shore.

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Blog

Tour Operators – Can you benefit from adapting your TOMS calculations?

12 February 2014

After lengthy deliberation, HM Revenue & Customs (HMRC) has announced it is not going to change the way the Tour Operators Margin Scheme [TOMS] is operated in the UK.

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Blog

Court clarifies relationship between the CPR and the Companies Act when serving a director resident abroad

Published on 11 February 2014. By Adam Forster, Senior Associate

Following a recent judgment of the High Court, it has been held that an individual who is resident abroad, but who is a director of a UK company, can be served with documents, ...

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Blog

No loss of confidence – establishing causation in confidential information claims

Published on 10 February 2014. By David Cran, Partner and Louise Morgan, Senior Associate

Richmond Pharmacology Ltd v Chester Overseas Ltd, Milton Levine and Larry Levine [2014] EWHC 2692 (Ch)

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Blog

Consumer credit reform – impact for insurers and brokers

10 February 2014

From 1 April 2014, the FCA will take over responsibility from the OFT for the policing of the UK consumer credit industry.

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Blog

State Street fine shows increasingly active FCA

Published on 10 February 2014. By Jake Hardy, Legal Director

On Friday 31 January 2013, the Financial Conduct Authority ("FCA") released its Final Notice in relation to an investigation of two of State Street's UK businesses.

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Blog

British National Working Overseas Has No Right to Bring a Claim in the Employment Tribunals

07 February 2014

For employers who engage staff to work overseas, determining whether the can bring a claim in the Employment Tribunals is becoming increasing difficult.

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Blog

Collective Redundancy Consultation: Expiry of Fixed Term Contract Does Not Count Towards 20+ Headcount

Published on 07 February 2014. By Patrick Brodie, Partner

University College v University of Stirling [2014] CSIH 5.

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Blog

Standard Bank, a non-standard fine and sub-standard AML systems

06 February 2014

The £7.6m fine recently meted out to Standard Bank was accompanied by a self-congratulatory press release by the regulator heralding new firsts.

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Blog

Further guidance from the Tribunal on closure notices: long stop dates

Published on 05 February 2014. By Dan Wyatt, Senior Associate

We recently blogged about the timing of closure notices: "Tribunal directs HMRC to issue Closure Notice".

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Blog

Guard Your Reputation With Your Life

Published on 05 February 2014. By Oliver Knox, Senior Associate

A rising trend of corporations who have suffered severe losses as a result of extreme and sometimes unjust adverse media has seen the emergence of a specialist insurance product in the Lloyd's market.

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Blog

Moving with the times – welcome to RPC's Financial Services Blog

04 February 2014

Regulatory change and client demand have prompted us to create a separate Corporate Insurance 'Hub' and re-brand our Regulatory Blog.

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Blog

Freedom of information: access denied by ministerial veto

04 February 2014

Not since September 2012 when the Attorney General exercised powers under section 53(2) of the Freedom of Information Act 2000 (FOIA) blocking the release of correspondence between Prince Charles and seven government departments has there been a matter likely to attract attention to the use of the ministerial veto.

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Blog

Supreme Court rules that two wrongs can make a right (to rectify)

04 February 2014

The Supreme Court has allowed an appeal to alter mirror wills, signed by the wrong testators, in order that the intended heir may inherit. In Marley v Rawlings and another[1], Lord Neuberger held that the wills should be rectified on the basis that a 'clerical error' had occurred.

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Blog

2014 – Another Year of Planning Reform

03 February 2014

The past few years have seen a raft of changes to planning regime and 2014 seems set to continue with that trend. The matters below highlight some of the changes on the horizon.

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Blog

SPLIT TRIALS – does proportionality rule supreme?

03 February 2014

The case management of proceedings in the High Court is governed at all times by the overriding objective which is to enable the Court to deal with cases justly and at proportionate cost.

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Blog

Welcome to the Corporate Insurance Hub

Published on 29 January 2014. By James Mee, Partner

Here you'll find commentary on the latest developments in the Insurance industry, whether it's consolidation in the market, new legislation or landmark court decisions.

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Blog

Upper Tribunal decides application for extension of time under Civil Procedural Rules

Published on 28 January 2014. By Natalie Drew, Senior Associate

In the recent case of The Commissioners for Her Majesty's Revenue and Customs v McCarthy & Stone (Developments) Ltd and another[1] the Upper Tribunal (Tax and Chancery Chamber) ('UT') was asked to consider whether it should grant HMRC an extension of time to serve its notice of appeal.

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Blog

No way out

Published on 27 January 2014. By Jonathan Wyles, Legal Director

If there was ever any doubt about the determination of judges to follow the Court of Appeal's decision in Mitchell v NGN [2013] EWCA Civ 1537, cases since then have shown that they are at least taking heed of the warning delivered by the Master of the Rolls.

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Blog

RICS UK Valuation Commission Report

Published on 24 January 2014. By Alexandra Anderson, Partner

Today sees the launch of the RICS UK Valuation Commission Report.

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Blog

Tribunal directs HMRC to issue Closure Notice

Published on 22 January 2014. By Natalie Drew, Senior Associate

Mr Kenneth William Bloomfield v The Commissioners for Her Majesty's Revenue and Customs [2013] UKFTT 593 (TC)

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Blog

Are you sitting comfortably?

22 January 2014

Do you work in one of the most hazardous workplace environments of the 21st century?

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Blog

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, Senior 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 Consultant

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

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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