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Court clarifies relationship between the CPR and the Companies Act when serving a director resident abroad
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, ...
Read moreNo loss of confidence – establishing causation in confidential information claims
Richmond Pharmacology Ltd v Chester Overseas Ltd, Milton Levine and Larry Levine [2014] EWHC 2692 (Ch)
Read moreConsumer credit reform – impact for insurers and brokers
From 1 April 2014, the FCA will take over responsibility from the OFT for the policing of the UK consumer credit industry.
Read moreState Street fine shows increasingly active FCA
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.
Read moreBritish National Working Overseas Has No Right to Bring a Claim in the Employment Tribunals
For employers who engage staff to work overseas, determining whether the can bring a claim in the Employment Tribunals is becoming increasing difficult.
Read moreCollective Redundancy Consultation: Expiry of Fixed Term Contract Does Not Count Towards 20+ Headcount
University College v University of Stirling [2014] CSIH 5.
Read moreStandard Bank, a non-standard fine and sub-standard AML systems
The £7.6m fine recently meted out to Standard Bank was accompanied by a self-congratulatory press release by the regulator heralding new firsts.
Read moreFurther guidance from the Tribunal on closure notices: long stop dates
We recently blogged about the timing of closure notices: "Tribunal directs HMRC to issue Closure Notice".
Read moreGuard Your Reputation With Your Life
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.
Read moreMoving with the times – welcome to RPC's Financial Services Blog
Regulatory change and client demand have prompted us to create a separate Corporate Insurance 'Hub' and re-brand our Regulatory Blog.
Read moreFreedom of information: access denied by ministerial veto
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.
Read moreSupreme Court rules that two wrongs can make a right (to rectify)
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.
Read more2014 – Another Year of Planning Reform
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.
Read moreSPLIT TRIALS – does proportionality rule supreme?
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.
Read moreWelcome to the Corporate Insurance Hub
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.
Read moreUpper Tribunal decides application for extension of time under Civil Procedural Rules
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.
Read moreNo way out
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.
Read moreRICS UK Valuation Commission Report
Today sees the launch of the RICS UK Valuation Commission Report.
Read moreTribunal directs HMRC to issue Closure Notice
Mr Kenneth William Bloomfield v The Commissioners for Her Majesty's Revenue and Customs [2013] UKFTT 593 (TC)
Read moreAre you sitting comfortably?
Do you work in one of the most hazardous workplace environments of the 21st century?
Read moreNew Customs Enforcement Regulation
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.
Read moreLitigation privilege – a cautionary tale
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.
Read moreNow do as you are told!
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.
Read moreMore than just a Bitcoin on the side?
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.
Read moreCourt finds HMRC's entry and search unlawful
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.
Read moreToo close for comfort – LPAs fail on the duty to co-operate
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.
Read moreBreaking the (supply) chain
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.
Read moreArchitect's negligence: Strike Out Application fails to determine limitation position
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.
Read moreFranked Investment Income ('FII') Group Litigation: ECJ strikes down UK's retroactive curtailment of limitation period for making mistake-based tax restitution claims
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.
Read more“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.”
As another tale of market manipulation hits the headlines, one has to admit that Mr. Ford probably wasn't far wrong.
Read moreRegulator gets its Tiger in HK
Overseas hedge fund admits to insider dealing of listed shares in Hong Kong
Read moreCourt of Appeal warns claimants to tread carefully when faced with multiple tortfeasors
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.
Read moreYou've been framed - High Court issues ISP blocking order
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 ...
Read moreHarmonisation of EU copyright: the Commission consults
The European Commission (the "Commission") is set to complete its review of copyright law in the EU by spring 2014.
Read moreAdjudication - "Pay first, argue (now up to twice as much) later"
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.
Read moreComplaints-led regulation of general insurance – FOS' increasing role
The nature of annual insurance policies makes the GI market ripe for complaints-led regulation.
Read moreCourt of Appeal emphasises importance of truthful pleadings
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.
Read moreComplaints-led regulation of general insurance – FOS' increasing role
The nature of annual insurance policies makes the GI market ripe for complaints-led regulation.
Read moreAre mobile devices making careless employees a bigger threat than cyber criminals?
According to the Mobile Operators Association, in 2000 half of UK adults owned a mobile phone.
Read moreWhich? Why? More importantly, who else?
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?
Read more2013 – A review of the year, and Seasonal Greetings!
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.
Read moreFairness is key in a securities lending agent's communication with clients
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.
Read moreDavid Cody v Andrew Murray and others [2013] EWHC 3448 (Ch)
In a recent decision the High Court ordered a Claimant based in Texas to pay security for costs.
Read moreFCA fines Lloyds TSB for financial incentives failings
Governance failings and conflicts mis-management can take many forms.
Read moreAutumn Statement 2013 – George's Marvellous Medicine?
In the midst of the political point-scoring, last week's Autumn Statement was light on significant new tax announcements.
Read moreTrade secrets: proposed European harmonization – an update
Following a study on trade secrets and confidential information in the internal market ...
Read moreScottish Independence?
The Scottish National Party (SNP) has formally issued its proposals for an independent Scotland.
Read moreFinancial Transaction Tax – still a cause for concern?
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.
Read moreWant to Control the Future?
A seller commonly wishes to restrict the buyer's use of land after the sale – sometimes forever and sometimes only for a limited period.
Read moreLatest investor's lawsuit in Hong Kong
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.
Read more