Abstract of glass building

Search results

4222 results

Blog

A lack of goodwill for Medical Professionals

14 April 2014

Over recent years increasing numbers of medical professionals have sought to incorporate their private practices for perceived tax advantages.

Read more
Blog

Painting by numbers – Court of Appeal dismisses HMRC's appeal

11 April 2014

The Court of Appeal has dismissed HMRC's appeal in Lord Howard of Henderskelfe's Executors v Revenue and Customs Commissioners [2014] EWCA Civ 278 and confirmed that, as the Portrait of Omai by Sir Joshua Reynolds ('the Portrait') was a wasting asset within the meaning of section 44 Taxation of Capital Gains Tax Act 1992 ('TCGA'), no capital gains tax ('CGT') charge arose on its disposal for £9.4m.

Read more
Blog

ICO urges app developers to respect users' privacy

Published on 11 April 2014. By Mark Crichard, Partner

The Information Commissioner's Office (ICO) has published guidance[1] aimed at helping mobile app developers comply with the Data Protection Act 1998 (DPA) and ensure that the privacy of app users is protected.

Read more
Blog

Net contribution Clause: Court of Appeal Guidance

11 April 2014

The recent Court of Appeal decision in West v Ian Finlay and Associates has confirmed that a properly drafted net contribution clause ("NCC") is a valid and enforceable contractual term.

Read more
Blog

New LCIA Rules 2014, draft in consultation

Published on 10 April 2014. By Rebecca Birkby, Senior Associate

The LCIA has released its draft of the new Arbitration Rules, which will be considered by the LCIA Court at its meeting next month on 9 May 2014.

Read more
Blog

Is your boss a psychopath?

Published on 10 April 2014. By William Jones, Senior Associate

In the very unlikely event that you have answered in the affirmative, that partner may form part of the 4% of senior business managers who are on the psychopathic spectrum.

Read more
Blog

Costs consequences of acceptance of a claimant's part 36 offer

Published on 09 April 2014. By Laura Martin, Senior Associate

The High Court in Haynes v Department for Business Innovation and Skills has allowed an appeal against a decision on the eighth defendant's liability for costs following its acceptance of the claimant's offer under part 36 of the CPR.

Read more
Blog

FCA 'game changer' set to discipline add-on markets

08 April 2014

The FCA has published its third Occasional Paper describing the new experimental approach it took in its add-ons market study, where for the first time it used behavioural economics to assess how selling insurance as an add-on affects consumer decisions. This raises key implications for insurers.

Read more
Blog

Is an Old Master the same as office chair? The devil's in the detail

Published on 07 April 2014. By Davina Given, Partner

In March 2014, the English Court of Appeal determined that Omai, an 18th century masterpiece by Sir Joshua Reynolds, was an item of "plant or machinery" and a "wasting asset", no different from other trade equipment such as tables, chairs and cars.

Read more
Blog

High Court holds that HMRC's winding up petition should be dismissed as an abuse of process.

03 April 2014

The High Court (David Donaldson QC) has held in Enta Technologies Limited v HMRC [2014] EWHC 548 (Ch), that where a winding-up petition was brought by HMRC ...

Read more
Blog

Brutal Simplicity of Thought

02 April 2014

"If you want your work to achieve the impossible, you will need 'Brutal Simplicity of Thought'."

Read more
Blog

FCA Business Plan 2014/15 and what it means for the general insurance market

01 April 2014

Fewer than 8 lines into the FCA's Business Plan for 2014/15, Martin Wheatley reminds us of just some of the regulator's work over the past year. Interest only mortgages, add on insurance, introductory rates of interest on accounts. He goes on to say "there must be no let up to the pace of our activities for 2014/15."

Read more
Blog

Tribunal decides that taxpayers must attempt to obtain information held by trustee!

Published on 27 March 2014. By Natalie Drew, Senior Associate

In the recent case of H A Patel & K Patel (a partnership) v HMRC [1], the First-tier Tribunal (Tax Chamber) (‘FTT’) dismissed an appeal by the taxpayers that information and documents held by a trustee were not ‘in their possession or power’ for the purpose of paragraph 18, Schedule 36, Finance Act 2008.

Read more
Blog

Persistent breaches of the partnership agreement? – don’t slice the salami

26 March 2014

The recent Court of Appeal decision in Bishop v Golstein[1] has provided welcome clarification on the way to bring a traditional partnership to an end, when one party has breached the partnership agreement repeatedly.

Read more
Blog

RMB exchange rate causing distress: Recent depreciation risks significant losses under exotic currency derivatives

Published on 25 March 2014. By Jonathan Cary, Partner

The renminbi (RMB) appreciation over the last several years appears to have halted for now (at least in the short-term), which has taken much of the market by surprise.

Read more
Blog

The Law of Confidence – Where are we now?

25 March 2014

Our latest article, which first appeared in the March 2014 issue of PLC Magazine, ...

Read more
Blog

A continuation on a thematic review: insurance broker fined for ABC systems failings

25 March 2014

Such is the seeming regularity with which insurance brokers face censure from the FCA for failings in their anti-bribery and corruption systems and controls that the £315,000 fine dished out to Besso Limited this week may not be considered by some as blog-worthy (particularly when that blog is introduced with such an awful pun).

Read more
Blog

Court of Appeal confirms no general duty to advise on sophisticated tax planning

Published on 25 March 2014. By Robert Morris, Partner

Last year the High Court's decision in Mehjoo v Harben Barker gave rise to plenty of lurid headlines.

Read more
Blog

Budget 2014 - update

Published on 24 March 2014. By Ben Roberts, Senior Associate

Last week's Budget announcements were light on the property tax front.

Read more
Blog

Budget 2014 - update

Published on 24 March 2014. By Ben Roberts, Senior Associate

Last week's Budget announcements were light on the property tax front.

Read more
Blog

Different Emails, Read Together, Can be a Qualifying Whistleblowing Disclosure

21 March 2014

In the case of Norbrook Laboratories (2B) Limited v Shaw the EAT considered whether emails sent to different recipients could be taken as a whole to amount to a qualifying disclosure for the purposes of a whistleblowing claim.

Read more
Blog

Market manipulation: why you should give a Forex

Published on 19 March 2014. By Simon Hart, Partner

Allegations of manipulation in the Forex market have the potential to give rise to both regulatory fines and legal claims dwarfing those relating to LIBOR –

Read more
Blog

HMRC lose FURBS appeal

Published on 19 March 2014. By Dan Wyatt, Senior Associate

In HMRC v Forde and McHugh Limited [2014] UKSC 14, the Supreme Court has dismissed HMRC's appeal and reinstated the decision of the Upper Tribunal.

Read more
Blog

Relief from sanctions: round-up of recent decisions

Published on 17 March 2014. By Dan Wyatt, Senior Associate

Please click here for our latest article which looks at three recent decisions concerning relief from sanctions following the much publicised changes in April 2013 and the seminal case of Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537.

Read more
Blog

Company succeeds in overturning section 419 ICTA assessment

14 March 2014

The First-tier (Tax Chamber) Tribunal ('FTT') has decided in RKW Limited v HMRC [2014] UKFTT 151 (TC) that consideration payable by an individual in future instalments for subscribing for shares in an unconnected close company, as defined in section 414 Income and Corporation Taxes Act 1988 ('ICTA'), is not a loan or debt within the meaning of section 419 ICTA ('section 419').

Read more
Blog

Geographical indication: food for thought

14 March 2014

Food manufacturers and retailers engage with consumers on a variety of levels in order to stand out in an increasingly crowded marketplace.

Read more
Blog

Deal or No Deal: FOS recommends taking legal advice following Clark v In Focus

13 March 2014

Reacting to the decision in Clark v In Focus, FOS has updated its technical notes to help guide complainants who might have previously sought to top up their award in Court.

Read more
Blog

When within Rome I or II, do as your EU counterpart might (or might not) do but not in quite the same way they would do it.

Published on 12 March 2014. By Jake Hardy, Legal Director

It seems fairly uncommon[1] for a personal injury action to become a precedent of interest to, and significance for, commercial lawyers.

Read more
Blog

FCA's first market study finds little value-add in uncompetitive insurance add-ons market

12 March 2014

The FCA is proposing to make dramatic changes to the £1 billion insurance add-ons market in order to protect consumers, according to its market study report released yesterday.

Read more
Blog

Litigation privilege in liquidations

Published on 11 March 2014. By Robert Morris, Partner

The recent Court of Appeal decision in Rawlinson and Hunter Trustees SA & others v Akers & another [2014] serves to emphasise that third party reports commissioned by liquidators to enable them to consider whether litigation should be commenced ...

Read more
Blog

Scottish integration?

07 March 2014

In December we commented on the regulatory position of Scottish insurers post-independence (should this come to pass).

Read more
Blog

TTIP of the iceberg - EU/US trade negotiations

06 March 2014

How will the Transatlantic Trade and Investment Partnership (TTIP) - currently being negotiated between the EU and the US - impact on the insurance market?

Read more
Blog

HMRC blunder prevents it from collecting tax

06 March 2014

The Upper Tribunal ('UT') has recently held in Bristol & West plc v HMRC [2014] UKUT 73 (TCC) that closure notices that HMRC had mistakenly sent to a taxpayer were valid and could not therefore be amended.

Read more
Blog

The Cost of Redress: Citizens Advice Bureau reveals £5 billion cost of CMCs

05 March 2014

Last week we reported Lady Justice Arden's fears about the "development of a claims industry… that increases the cost of obtaining financial advice".

Read more
Blog

Top tips for corporates on conducting internal investigations

04 March 2014

The ability to conduct and manage an internal investigation...

Read more
Blog

Misrepresentor remains in firing line following change of counterparty

Published on 04 March 2014. By Daniel Hemming, Senior Associate

In Cramaso LLP v Ogilvie-Grant, Earl of Seafield and others[i] the Supreme Court considered whether a party could be liable for a negligent pre-contractual misrepresentation in circumstances where the party to which the representation was originally made was not the ultimate contracting party.

Read more
Blog

Catch the pigeon - Jack Wills clips House of Fraser's wings in trade mark dispute

Published on 04 March 2014. By Jeremy Drew, Partner

Well-known retail brand Jack Wills has successfully relied on its community trade mark of a pheasant (below and left) in infringement proceedings against House of Fraser's use of a pigeon logo (below and right).

Read more
Blog

Top tips - internal investigations

03 March 2014

The ability to conduct and manage an internal investigation in a way which is proportionate to the issue which has arisen as well as timely and cost effective is a skill not to be under-estimated.

Read more
Blog

Definitive Guideline published for sentencing corporates

28 February 2014

To coincide with Deferred Prosecution Agreements (DPAs) going live earlier this week, the Sentencing Council recently published a Definitive Guideline on the appropriate penalties for corporates convicted of fraud, bribery and money laundering.

Read more
Blog

No need to plead and no need for CMCs

27 February 2014

Those celebrating the common sense decision of the Court of Appeal in Clark v In Focus will have an additional reason to smile when they read comments in the leading judgment of Lady Justice Arden on the purpose of FOS and the role of CMCs.

Read more
Blog

Reflective loss – Court of Appeal decision mirrors the position in Gardner v Parker

Published on 27 February 2014. By Christopher Whitehouse, Senior Associate

In the case of Malhotra v Malhotra & Anor[1], the claimant, Mr Rakesh Malhotra, had given a cross-undertaking in damages in support of a without notice injunction, which was later discharged.

Read more
Blog

First-tier Tribunal confirms compromise agreement is binding on HMRC

Published on 27 February 2014. By Natalie Drew, Senior Associate

The recent case of Southern Cross Employment Agency Ltd v HMRC [2014] UKFTT 088 (TC) considers HMRC's ability (or, in certain cases, their inability) to revoke a decision after a claim has been finalised and paid.

Read more
Blog

Deferred Prosecution Agreements (DPAs) go live

26 February 2014

The Director of the Serious Fraud Office, David Green, regards DPA s as "a welcome addition to the prosecutor's tool kit" but nevertheless has confirmed that "Prosecution remains the preferred option for corporate criminality".

Read more
Blog

Commercial Court confirms principles relating to law governing arbitration agreements

Published on 25 February 2014. By Chris Ross, Partner

The case of Habas Sinai v VSC Steel Company[1] reinforces the importance of providing for a governing law in contracts, particularly if the parties want an arbitration agreement to be governed by a different law from the law of the seat of the arbitration.

Read more
Blog

Deferred Prosecution Agreements (DPAs) go live today

24 February 2014

The Director of the Serious Fraud Office, David Green, regards DPA s as "a welcome addition to the prosecutor's tool kit" but nevertheless has confirmed that "Prosecution remains the preferred option for corporate criminality".

Read more
Blog

Battle lines drawn as High Court supports FCA collective investment scheme finding

21 February 2014

Further judicial guidance has been provided on unauthorised collective investment schemes ("CISs").

Read more
Blog

The Principle of Fundamental Rule

21 February 2014

God ordered the world with 10 commandments, the FSA thought it would take 11 Principles and, perhaps in a statement of its omnipotence, the PRA has taken on the challenge with just 9 "Fundamental Rules".

Read more
Blog

Taxpayer establishes clean break and wins residence case before Tax Tribunal

21 February 2014

The First-tier Tribunal (Tax Chamber) ('FTT') have decided in James Glyn v HMRC [2013] UKFTT 645 (TC) that, although Mr Glyn had retained his London house and returned to it several times during the year under appeal, he had nevertheless ceased to be UK resident for tax purposes as he had sufficiently loosened his ties with the UK to show there had been a distinct break with the UK.

Read more
Blog

Annuities – what next for providers and advisers?

Published on 21 February 2014. By Rachael Healey, Partner

The FCA has published its of Thematic Review of Annuities having conducted a substantive review of the annuity market.

Read more
Blog

'Total' win for FAGE in Greek yoghurt appeal

20 February 2014

The Court of Appeal has recently handed down judgment in one of only two recent cases concerning a claim for extended passing off.

Read more