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Snapshot

Pensions company fined for unsolicited emails following inaccurate advice

04 July 2019

How far can you avoid culpability for a data marketing data breach on the grounds that you were given faulty legal advice or that a third party conducted the marketing campaign on your behalf?

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Snapshot

PPI claims company fined £120,000 by the ICO for spam texts

04 July 2019

Will a data controller be held responsible where a third party acting on its behalf breaches data privacy laws?

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Snapshot

HMRC issued enforcement notice by ICO for use of biometric data

04 July 2019

When is consent sufficient for collecting, processing and using biometric data?

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Snapshot

ICO: Age Appropriate Design Code for information society services

04 July 2019

What steps does the Information Commissioner’s Office (ICO) require to ensure adequate protection of children online?

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Snapshot

Pre-ticked boxes and cookies consents: Planet49

04 July 2019

Is unticking a box sufficient to meet the consent requirements for the installation of cookies? Separately, can you agree to sharing your data with third parties in order to gain entry to a prize draw?

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Snapshot

European Data Protection Board issue guidelines on contractual processing for online services

04 July 2019

When is it appropriate for Information Society Services (ISSs) to process personal data on the basis that it is “necessary for the performance of a contract”?

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Snapshot

Notifying data subjects of processing under the GDPR

04 July 2019

What are proportional measures to take when meeting the informational obligation imposed on data controllers?

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Snapshot

Fraudulent Misrepresentation and non-party losses

03 July 2019

What are the requirements for fraudulent misrepresentation? Can a non-party supplier claim loss of profit under a terminated contract?

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Snapshot

‘Relational’ contracts and the implied duty of good faith

03 July 2019

Which characteristics will the court consider when deciding whether a contract is “relational” and therefore subject to an implied duty of good faith?

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Snapshot

Benefiting from the Contracts (Rights of Third Parties) Act

Published on 03 July 2019. By David Cran, Partner

Can third parties that are not easily identifiable benefit from the Contracts (Rights of Third Parties) Act 1998?

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Snapshot

Consultation on Distributed Ledger Technologies Cryptoassets and Smart Contracts

03 July 2019

What is the legal status of cryptoassets and smart contracts?

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Snapshot

When can the court not apply the cost consequences of Part 36 offers?

03 July 2019

When can the court not apply the cost consequences of Part 36 offers?

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Blog

Haworth – Court of Appeal confirms HMRC misdirected itself and quashes payment notices

Published on 03 July 2019. By Adam Craggs, Partner and Constantine Christofi, Associate

The recent unanimous judgment of the Court of Appeal in R (on the application of Haworth) v HMRC [2019] EWCA Civ 747, is the first successful judicial review challenge against follower and accelerated payment notices. The decision throws into question the way in which the relevant statutory provisions, contained in Finance Act 2014 (FA 2014), relating to follower and accelerated payment notices have been interpreted and operated by HMRC and as a consequence, many other notices may also have been issued by HMRC unlawfully.

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Publication

Tax update - July 2019

03 July 2019

In this month’s update we report on HMRC’s updated guidance on the meaning of “ordinary share capital”, the Law Society’s response to HMRC’s off-payroll working rules consultation and changes to the principal private residence ancillary reliefs.

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Blog

RPC provides response to 'Online harms' consultation

02 July 2019

This consultation response is submitted on behalf of RPC's Tech Group*. RPC is an international law firm with offices in London, Bristol, Hong Kong and Singapore. RPC acts for a range of clients from start-ups to multi-nationals in the technology, media, and retail sectors and for their insurers. RPC's Tech Group provides specialist advice on regulation, content liability, commercial contracts, outsourcing, data protection, cyber, intellectual property, e-commerce, and investigations and disputes. Views expressed in this submission do not necessarily represent those of our clients.

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Blog

Reforms to the FA's Regulations on Working with Intermediaries

Published on 01 July 2019. By Joshua Charalambous, Associate and Charlie Gould, Trainee Solicitor

RPC summarise the key changes to the FA's Regulations on Working with Intermediaries (the "Regulations"), and offer practical tips to agencies, clubs and players to manage their impact.

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Press and Media

FCA investigations into individuals double in 2018

01 July 2019

FCA investigations into individuals have doubled in the last year, with the number of cases involving individuals being referred to the FCA’s Regulatory Decisions Committee (RDC) rising to 27 in 2018 (year end Dec 31) from 13 the year before*, says RPC, the City-headquartered law firm.

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Blog

Court of Appeal makes rare order for rectification, with interesting consequences…

Published on 28 June 2019. By Alan Williams, Partner and Rebecca Birkby, Senior Associate

The Court of Appeal has ordered rectification resulting in one party being in breach of warranty and liable pay damages. In Persimmon Homes Limited v Hillier and Creed [2019] EWCA Civ 800, the dispute centred on whether all plots of land required to create a development site were intended by both parties to be included in a sale, when in fact two plots out of six were not included.

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Blog

What expenditure falls within ‘ordinary and proper course of business’ exception in freezing orders?

Published on 28 June 2019. By Simon Hart, Partner and Daniel Hemming, Senior Associate

The cost of pursuing related arbitration proceedings and fighting extradition proceedings could be costs incurred in the ‘ordinary and proper course of business’ according to the Court of Appeal in Koza Ltd v Koza Altin.(1)

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Publication

Health and safety update June 2019

28 June 2019

Welcome to our June 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Blog

Shop til' you Pop: Amazon's Electric Avenue

Published on 27 June 2019. By Simon Edwards, Partner and Rachael Ellis, Associate and Lucy Baughan, Trainee Solicitor

Amazon is opening 10 pop-up shops in the UK, as a platform for over 100 small online brands to start selling via bricks and mortar. The pilot will run throughout the UK for around a year, with each pop-up opening for between six to eight weeks.

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Press and Media

RPC adds Partner to Restructuring and Insolvency team

26 June 2019

RPC has hired restructuring and insolvency partner Paul Bagon to work across its commercial, corporate and disputes practices. Paul has spent the majority of his career practising insolvency and restructuring law in leading international law firms including Weil, Gotshal & Manges. He has worked on some of the largest and most high profile recent global restructurings and insolvencies.

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Blog

High Court does not "lycra" unjust Part 36 offers

Published on 26 June 2019. By Ciara Cullen, Partner and Samuel Coppard, Associate

In a recent High Court decision it has been held that parties must ensure that Part 36 offers are "genuine offers to settle" as the court will not order costs in circumstances where it is unjust to do so. Furthermore, the decision reinforces the significant weight that is given to whether or not an offeree accepts a Part 36 offer, regardless of whether relief is obtained by the offeree in the first instance.

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Blog

Ritchie - FTT guilty of procedural unfairness

Published on 26 June 2019. By Constantine Christofi, Associate

In Ritchie v HMRC [2019] UKUT 007 (TCC), the Upper Tribunal (UT) has held that the First-tier Tribunal (FTT) had erred in finding that a loss of tax had been brought about by carelessness on the part of the taxpayers' professional advisers because, amongst other things, the carelessness of the advisers had not been adequately pleaded by HMRC and had not been put to any of the witnesses in cross-examination.

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Blog

'Green Finance' enters the mainstream

Published on 25 June 2019. By Edward Colville, Legal Director

With the UK's recent commitment to cut emissions to net zero by 2050, the financial sector is looking to 'green finance' to encourage investment in sustainable and environmentally-friendly businesses. Recent examples, like Nokia's €1.5 billion credit facility announced last week, show that environmental impact is becoming a key consideration for lenders and borrowers.

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Blog

The problem of integrity

21 June 2019

Integrity is beginning to look like the indispensable quality that we could all do without.

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Publication

VAT update June 2019

21 June 2019

In this month’s update we report on (1) amendments to the reduced VAT rate for energy-saving materials; (2) HMRC’s guidance on the VAT reverse charge on construction services; and (3) HMRC’s updated VAT Notice 700/1 – who should register for VAT.

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Blog

New pension transfer data – FCA's concerns remain

Published on 20 June 2019. By David Allinson, Senior Associate

The FCA has published the results of data received from firms carrying out DB transfers and set out the next steps in its supervisory work.

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Blog

Retailers: beware the ban on gender stereotyping

Published on 19 June 2019. By Oliver Bray, Partner and Victoria Noto, Associate

The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".

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Blog

Derry - HMRC challenge to share loss relief claim flawed

Published on 18 June 2019. By Constantine Christofi, Associate

In R (on the application of Derry) v HMRC [2019] UKSC 19, the Supreme Court has dismissed HMRC's appeal and confirmed that the taxpayer was entitled to claim share loss relief in the year in which the loss was incurred, rather than the following year.

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Blog

Government Consultation on Adding Folic Acid to Flour

Published on 18 June 2019. By Genevieve Isherwood, Associate

Last week the government began a consultation on whether to introduce mandatory fortification of flour with folic acid to help reduce neural tube defects in foetuses.

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Press and Media

Football and music disputes continue to dominate UK High Court

17 June 2019

Football and music bodies continue to be the most active users of the UK High Court, as they crack down on businesses breaching copyright law, shows new research from RPC, the City-headquartered law firm.

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Blog

National Car Parks - Are overpayments consideration for VAT purposes?

Published on 14 June 2019. By Nicole Kostic, Senior Associate

In National Car Parks Ltd v HMRC [2019] EWCA Civ 854, the Court of Appeal has confirmed that excess amounts paid by customers at pay and display car parks were consideration for VAT purposes.

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Blog

Court of Appeal upholds decision on importance of industry standard documents in conflicting jurisdiction clauses

Published on 13 June 2019. By Andy McGregor, Head of Civil Fraud and Steven Rajavinothan, Associate

The Court of Appeal upheld the decision of the High Court[1], highlighting the risk that the English and Italian Courts may reach different decisions on the underlying factual background of related disputes even where the disputes could be said to fall under different agreements [2]. Therefore, parties need to appreciate that the English Court will put the certainty of industry standard documentation (such as ISDA Master Agreements) first such that it is dangerous to have different jurisdiction and/or governing law clauses in related agreements.

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Blog

FCA and PRA jointly fine bank for repeated outsourcing failings

Published on 12 June 2019. By Ashley Daniells, Associate

R. Raphael & Sons PLC (Raphaels), one of the UK's oldest lenders, has been criticised and fined jointly by the FCA and PRA after it was found that the bank had failed to manage its outsourcing arrangements properly.

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Blog

National Security and Investment – the EU's response

Published on 07 June 2019. By Tim Anderson, Partner and Neil Brown, Partner

National security concerns regarding Huawei continue to make headlines around the world, against the backdrop of an ongoing US / Chinese trade war. This blog looks at new EU rules on foreign investments which raise security or public order concerns.

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Press and Media

RPC digital marketing executive breaks world powerlifting record

07 June 2019

Moya Williams – a digital expert in law firm RPC's Brand, Marketing & Sales team – broke the world record for the deadlift* at the recent All England Powerlifting Championship, held in Northampton.

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Blog

Mergers and Acquisitions Update June 2019

Published on 06 June 2019. By Nigel Collins, Partner, Head of Japan Desk

小売分野の取引で業界をけん引する当法律事務所は、変化と競争の激しいこの分野の事業に影響を及ぼす主な法改正や政策変更について、総合的な手引きをまとめている。以下は、当事務所の発行する「リテール·コンパス2019年夏号」 に掲載されたさまざまな話題の概要だ。詳細については、https://www.rpc.co.uk/ perspectives/retail-therapy/retail-compass-summer-edition-2019を参照されたい。

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Publication

Spotlight on private wealth - June 2019

06 June 2019

Our quarterly update is designed to keep you up to speed with developments in disputes, and how you can avoid them, in the private client world.

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Press and Media

Royal accolade for Link, the cross industry LGBT+ network

05 June 2019

Link, the LGBT+ network for the insurance industry, which launched in 2013, has received the Queen’s Award for Voluntary Service, the equivalent of an MBE and the highest accolade given to volunteer groups in the UK.

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Publication

Tax update - June 2019

05 June 2019

In this month’s update we report on HMRC’s guidance in relation to off-payroll working in the public sector and the intermediaries legislation (so-called IR35), the extension of late payment and repayment interest to penalties levied under the DOTAS, promoters, and enablers of tax avoidance, regimes; and HMRC’s guidance on the economic interest requirement for shareholders who wish to claim entrepreneurs’ relief.

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Blog

Tooth – Court of Appeal confirms discovery assessment was invalid

05 June 2019

In HMRC v Tooth [2019] EWCA Civ 826, the Court of Appeal has held that a discovery assessment was invalid, but the taxpayer's inaccuracy in his return was deliberate.

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Blog

Lost chances à la Moda

Published on 04 June 2019. By Graham Reid, Legal Director, Professional Regulation and Nick Bird, Partner

Lost chance case-law has come a long way since the ground-breaking decision in Allied Maples. One of its more interesting offshoots is the case of Moda International Brands Ltd v Gateley LLP & Anor. Moda is required reading for any firm of solicitors who wants to defend a lost chance claim arising from its transactional work for a claimant.

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Blog

How the “30 days period” to pay a claim in Latin America works in practice

04 June 2019

Everyone dealing with Latin American claims will become familiar with the short deadlines imposed in these jurisdictions for paying a claim. However, how those deadlines are applied in practice can be a complex matter to work out.

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Press and Media

RPC secures highly-regarded commercial disputes Partner in Hong Kong

01 June 2019

Charles Allen, former Head of Commercial Litigation and International Arbitration at Orrick, Herrington & Sutcliffe in Hong Kong, joins the team at RPC

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Press and Media

RPC Premier Law secures disputes team from Clyde & Co Clasis

01 June 2019

The team is led by Partner Gerald Yee who joins RPC's Singapore office on 1 June.

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Publication

Kidsons and Kajima reviewed

31 May 2019

The Court of Appeal considers the notification of a “hornet’s nest” in Euro Pools Plc v Royal Sun Alliance Plc

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Blog

Economic duress: when is a threat not an (illegitimate) threat?

Published on 31 May 2019. By Jonathan Cary, Partner and Suzan Kurdi, Senior Associate

In what circumstances can a threat not to enter into a contract amount to economic duress? Broadly speaking, when pressure is exerted "in bad faith", according to the Court of Appeal in Times Travel (UK) Limited v Pakistan International Airlines Corporation

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Publication

Product liability update May 2019

31 May 2019

A round-up of some of the recent stories making the news, from consultation on food labelling to changes to the product liability and safety legislation in the event of a "no deal" Brexit.

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Publication

Corporate tax update May 2019

30 May 2019

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team.

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