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Last gasp of the super-injunction

21 October 2013

Super-injunctions are almost an extinct species. 'Non-super' privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.

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Blog

Trade Secrets – A Unified European Regime?

Published on 21 October 2013. By David Cran, Partner and Louise Morgan, Senior Associate

Earlier this year, a study was prepared for the European Commission relating to the treatment of Trade Secrets and Confidential Business Information within the internal market.

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Blog

Taxpayer's appeal allowed as HMRC had not made a discovery determination in time

Published on 17 October 2013. By Dan Wyatt, Senior Associate

The recent First-tier Tribunal ('FTT') case of Nijjar Dairies Ltd v HMRC1 dealt with two matters.

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Blog

Acting in Good Faith – is this now a given under English Law?

Published on 16 October 2013. By Alan Williams, Partner

Under many civil law jurisdictions, such as France, Germany, and Italy, the law of obligations recognises and enforces an overriding principle (derived originally from Roman law) that in making and carrying out contracts parties should act in good faith.

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Blog

No more moral high ground for whistle blowers?

15 October 2013

Yet another US style importation is on the cards.

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Blog

Trade Mark Protection: Court of Appeal says distinctiveness is not enough

Published on 15 October 2013. By Jeremy Drew, Partner and Ciara Cullen, Partner

The Court of Appeal for England and Wales recently handed down its much anticipated ruling in Cadbury's long-drawn-out battle to maintain its UK trade mark registration for the colour purple.

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Blog

High Court confirms that general principles of contractual construction apply to 'misnomer principle'

Published on 14 October 2013. By Daniel Hemming, Senior Associate

In Liberty Mercian Limited v (1) Cuddy Civil Engineering Limited (2) Cuddy Demolition and Dismantling Limited

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Blog

Handbook suffers from CIDRA hangover

10 October 2013

Whilst FOS rightly considered itself ahead of the consumer insurance law reforms, the FCA has now caught up.

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Blog

Handbook suffers from CIDRA hangover

10 October 2013

Whilst FOS rightly considered itself ahead of the consumer insurance law reforms, the FCA has now caught up.

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Blog

VAT – Failure to Register in time - penalty on director not upheld as no dishonest conduct

09 October 2013

The First-Tier Tribunal ('FTT') has upheld an appeal by the director of a company against the imposition of a penalty under sections 60 and 61 of the Value Added Taxes Act ('VATA 1994')1 in the case of Mrs G. Candy v HMRC [2013] UKFTT 146 (TC) 02544.

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Blog

National Crime Agency – same old, same old?

09 October 2013

If you, like me, tried to access SOCA's website (www.soca.gov.uk) to undertake a compare and contrast exercise with the website of the NCA, you would have found yourself directed seamlessly to www.nationalcrimeagency.gov.uk.

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Blog

CAT condemns the Competition Commission's Data Room Rules as unfair and in breach of principles of natural justice

08 October 2013

On 2 October 2013, the CAT handed down its ruling on an application by BMI Healthcare, HCA International and Spire Healthcare (the 'Applicants') for a review of the CC's decision relating to the operation of a data room in its private healthcare market investigation.

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Blog

Is sunlight a nuisance?

Published on 08 October 2013. By Jonathan Carrington, Senior Associate

Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.

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Blog

Ministry of Justice's call for evidence leads to cry for fully independent regulation from SRA

Published on 07 October 2013. By Katherine Roberts, Senior Associate

The Solicitors Regulation Authority (SRA) has responded to the Ministry of Justice's (MoJ) call for evidence on the regulation of legal services in England and Wales demanding truly independent regulation.

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Blog

HMRC ordered to pay taxpayer's costs following improper allegation of fraud

02 October 2013

In the recent case of Simple Solutions GB Limited v HMRC,1 not only was the taxpayer successful in its appeal, it was also awarded its costs following serious and unsubstantiated allegations of fraud made against it by HMRC.

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Blog

Insurers beware: the FOS is stretching its powers to – and beyond – the limit

02 October 2013

The FOS has publicly stated that when dealing with complaints about the validity of insurance policies...

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Blog

Greater than the sum of their parts – Belbin’s Analysis of Teams

Published on 02 October 2013. By Christopher Whitehouse, Senior Associate

“Team Roles at Work” by Meredith Belbin is an almost scientific analysis of the different roles individuals can play in a team, how they interact with one another and how highly functional teams can be assembled.

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Blog

ISDA publishes 2013 Arbitration Guide

Published on 01 October 2013. By Chris Ross, Partner

ISDA (the International Swaps and Derivatives Association) has published the 2013 ISDA Arbitration Guide, ...

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Blog

Nobody wants to buy sour milk

Published on 26 September 2013. By Christopher Whitehouse, Senior Associate

This folksy catchphrase is at the heart of the business model of the last decade's most wildly successful company: Apple Inc.

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Blog

FATCA – are we nearly there yet?

Published on 25 September 2013. By Ben Roberts, Senior Associate

The International Tax Compliance (United States of America) Regulations 2013 ('Regulations') came into force on 1 September 2013.

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Blog

High Court considers RBS's liability for structured lending facility

Published on 20 September 2013. By Tom Hibbert, Partner

The recent decision by the English High Court in Torre Asset Funding Limited & anr v The Royal Bank of Scotland plc1 ...

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Blog

HMRC's appeal is dismissed in the Lloyds Leasing case

20 September 2013

The Upper Tribunal ('UT') (Newey J and Judge Howard Nowlan) has upheld a decision of the First–tier Tribunal ('FTT') that 25% writing-down allowances ('WDA') were available to a UK lessor of ships...

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Blog

Family Business

19 September 2013

Family businesses contribute nearly a quarter of UK GDP (£1.1 trillion) and provide 2 in 5 jobs.

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Blog

Costs protection reform - privacy and defamation cases

19 September 2013

The government has unveiled its latest attempt to resolve the tension between its plans to abolish success fees in CFAs and ATE premiums (to reduce costs in privacy and defamation cases) while still making proceedings accessible to less wealthy parties.

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Blog

Clipping the wings of the Norwich Pharmacal jurisdiction

13 September 2013

In NML Capital Ltd v Chapman Freeborn Holdings Ltd1, the Court of Appeal has clarified the circumstances in which Norwich Pharmacal2 relief will be available.

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Blog

Improve or Surrender – Kaizen

Published on 12 September 2013.

After the Second World War, Japan was faced with the difficult task of rebuilding its industry.

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Blog

Copyright Guide 2013

Published on 12 September 2013. By David Cran, Partner

We are pleased to attach a link to an overview of UK copyright, which we trust will prove a useful reference for any copyright issues that you may face, whether in the context of disputes or commercial matters.

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Blog

Taxpayer wins appeal notwithstanding mistimed implementation

Published on 11 September 2013. By Dan Wyatt, Senior Associate

The First-tier Tribunal ('FTT') has recently ruled in favour of a taxpayer in relation to a consultancy fee purportedly paid to a company which was not at the time incorporated(Maureen Hepburn v HMRC [2013] UKFTT 445 (TC)).

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Blog

Court of Appeal considers extent of fiduciary duties in joint venture agreements

10 September 2013

In the recent case of Ross River v Waveley Commercial Limited and Peter Barnett, ...

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Blog

Lawyers – the ideal guardians of ill-gotten gains

10 September 2013

A report produced by the Financial Action Task Force ("FATF") – the intergovernmental body recognised as the standard bearer when it comes to anti-money laundering ("AML") and counter-terrorist financing ("CTF") -

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Blog

Rihanna's image protected under the 'umbrella' of passing off

Published on 10 September 2013. By David Cran, Partner

The High Court has recently held that the fashion retailer Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.

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Blog

Make it Stick

Published on 05 September 2013. By Philip McCormack, Associate

You’ve got what you think is the perfect idea. It’s relevant. It’s accurate. It’s comprehensive.

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Blog

Third time lucky for HMRC as they finally secure victory in DV3

04 September 2013

Having lost before both the First-tier Tribunal ('FTT') and the Upper Tribunal ('UT'),1 HMRC have finally managed to secure victory before the Court of Appeal in HMRC v DV3 RS Limited Partnership [2013] EWCA Civ 907, a case involving stamp duty land tax ('SDLT') planning.

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Blog

Is sunlight a nuisance?

Published on 04 September 2013. By Jonathan Carrington, Senior Associate

Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.

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Blog

Greater transparency in the family courts - New Draft Guidance

04 September 2013

Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication.

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Blog

Cloud confidentiality – or not …

02 September 2013

Anyone using a number of devices to access their information will be tempted to share files between those devices using a service such as Dropbox.

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Blog

The Trade Mark Clearing House – Do You Need to Sign Up?

Published on 02 September 2013. By Paul Joseph, Partner

In January 2012, ICAAN began allowing organisations to apply for new Generic Top Level Domains (gTLDs) which will operate alongside the 280 Country Code Top Level Domains (.com and .co.uk etc) and the 22 existing gTLDs (.biz and .info etc).

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Blog

A Chinese lesson for private investigators

Published on 30 August 2013. By Keith Mathieson, Partner

Those engaged in the investigation business – whether sniffing out personal or corporate intelligence – are well aware of the need to comply with laws that protect personal information.

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Blog

Making your mark – The Intrapreneur

29 August 2013

Being an entrepreneur isn't for everyone. You may have a knockout idea and the 'right stuff' (whatever that is), but starting your own successful business often requires a consternating cocktail of luck, timing, contacts, money, financial risk and personal sacrifice.

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Blog

A recent High Court decision acts as a reminder to take care in seeking to settle disputes

Published on 28 August 2013. By Alan Williams, Partner

The recent decision by the English High Court in Newbury v Sun Microsystems [2013] EWHC 2180 (QB) underlines the importance for lawyers of taking care when settling disputes.

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Blog

Tax tribunal considers the application of the SDLT anti-avoidance legislation contained in section 75A Finance Act 2003

28 August 2013

HMRC have been successful before the First-tier Tribunal ("FTT") in Project Blue Ltd v HMRC [2013] UKFTT 378 (TC), an SDLT case in which the anti-avoidance provisions contained in sections 75A to 75C, Finance Act 2003 fell to be considered. Unless otherwise stated all statutory references below are to Finance Act 2003.

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Blog

Trunki successfully wheels out design rival before the High Court

27 August 2013

The High Court has recently found that design rights and copyright in the well-known 'Trunki' rideon suitcase for children were infringed by a Hong Kong based competitor's ride-on suitcase for children called the 'Kiddee Case'.

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Blog

High Court rules that South African subsidiary was not domiciled in England

23 August 2013

In Vava –v- Anglo American South Africa Ltd (AASA) and Young–v- AASA

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Blog

Procurement Policy Note on EU Directives

23 August 2013

The Cabinet Office has issued a Procurement Policy Note (“PPN”) which summarises the main outcomes of the new EU Directives relating to public procurement, utilities procurement and service concessions. The PPN also outlines the next steps in finalising and implementing the Directives.

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Blog

Making money out of Jane Austen

22 August 2013

The popularity of RPC's book group shows there are a fair few bookworms around the firm.

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Blog

HELP TO BUY: BOOM OR BUST?

22 August 2013

The Help to Buy initiative forms part of the Government's Funding for Lending scheme.

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Blog

Tax avoidance – the beginning of the end?

Published on 21 August 2013. By Rachael Healey, Partner

Last week HMRC published a consultation document entitled "Raising the stakes and tax avoidance".

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Blog

HMRC suffer humiliating defeat in overseas pension scheme judicial review

20 August 2013

In what can only be described as a humiliating capitulation, HMRC have conceded defeat during the course of a hotly contested judicial review hearing in the High Court.

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Blog

Cowboys and followers: HMRC's latest consultation on tax avoidance

16 August 2013

On 12 August 2013 HMRC launched a new consultation document: Raising the stakes on tax avoidance. The consultation is open for a short period, the closing date for comments being 4 October 2013.

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Blog

High Court considers non-party costs order on appeal

Published on 15 August 2013. By Dan Wyatt, Senior Associate

The High Court recently gave judgment on an appeal against a master's costs decision in AP (UK) Limited v West Midland Fire & Civil Defence Authority.

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