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Snapshot

Unjustified Geoblocking Regulation

20 December 2018

Can a business block EU consumers from accessing their website to purchase goods or services?

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Snapshot

Amended UK consumer regulations in advance of Brexit

20 December 2018

What consumer protection provisions are being put in place to prepare for Brexit?

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Snapshot

Misrepresentations during the selling process

20 December 2018

At what point do misleading statements in a selling process become misrepresentations?

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Snapshot

Viagogo ordered to provide better information on ticket purchasing

20 December 2018

What steps will Viagogo be required to take in order to better protect consumers and what does this mean for the company and its consumers?

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Snapshot

Bupa fined for systemic data protection failures

20 December 2018

What if an employee goes rogue with your personal data? Will you be able to show effective oversight measures including monitoring of employee access to databases?

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Snapshot

Equifax fined £500,000 for data breach of 15m UK customers

20 December 2018

Had Equifax taken adequate and effective measures to protect customer data?

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Snapshot

Facebook ordered to reveal who requested deletion of deceased’s profile – Sabados v Facebook Ireland

20 December 2018

Where a social media company has completed a request from an unknown person to delete a deceased’s profile and refused to tell the deceased’s partner, can a Norwich Pharmacal order be used to disclose the identity?

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Snapshot

"Google You Owe Us” class action blocked – Richard Lloyd v Google LLC

20 December 2018

Do you need to show relevant damage for a claim under the Data Protection Act 1998 (DPA)? Can a class action succeed if the members of the class cannot be readily ascertained or be said to share the same interest? Put another way, what are the restrictions on bringing an action for damages under the DPA?

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Snapshot

Ireland’s Data Protection Commission launches investigation into Facebook’s data breach

20 December 2018

On 28 September, Facebook disclosed that hackers had stolen keys that allowed them to access up to 50m user accounts with the potential for a further 40m which may have been compromised. The hack allowed the hackers to use the accounts as their own, reading and writing private messages and posts.

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Snapshot

ICO Calls for views on GDPR update to Direct Marketing Guide

20 December 2018

What should we expect from the ICO’s updated Direct Marketing Guide?

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Snapshot

Various Claimants v WM Morrisons Supermarket PLC

20 December 2018

Can a business be held vicariously liable for the actions of an employee who deliberately breaches its data protection policies and data protection law?

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Snapshot

Six month imprisonment in first ICO computer misuse act prosecution

20 December 2018

Is the Information Commissioner’s Office (ICO) extending the scope and severity of its enforcement powers?

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Snapshot

What if there’s no Brexit deal?

20 December 2018

Where does a no deal scenario leave our obligations under EU data protection principles?

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Blog

Watch out! Internal settlement negotiations may not always remain "internal"

Published on 19 December 2018. By Davina Given, Partner and Suzan Kurdi, Senior Associate

WH Holding Limited (1) West Ham United Football Club Limited (2) v E20 Stadium LLP [2018] EWCA Civ 2652 finds that internal settlement negotiations are not protected by litigation privilege.

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Publication

Health and safety update December 2018

18 December 2018

Welcome to the latest edition of our 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

On the twelfth day of Christmas, the High Court gave to me…twelve judges judging

Published on 18 December 2018. By Davina Given, Partner

It attracted nothing like the controversy of the US Senate's confirmation of US Supreme Court Justice Kavanaugh. However, the decision of the two selection commissions to recommend, and of the Lord Chancellor to recommend to the Prime Minister, the appointment of Lady Hale to the Presidency of the UK Supreme Court and of Ladies Black and Arden to the Court marked historic firsts in 2018.

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Blog

On the eleventh day of Christmas, the High Court gave to me…eleven groups a-growing

Published on 17 December 2018. By Davina Given, Partner and Chris Ross, Partner and Lambros Kilaniotis, Partner

Unlike Scrooge, litigation will not wake transformed on Christmas Day into a gentler, kinder activity. But it is undergoing a slower transformation with the growth of various forms of group litigation in England.

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Blog

White Paper on National Security and Investment

Published on 17 December 2018. By Neil Brown, Partner and Charles Buckworth, Partner

In our last blog, published on 11 December 2018, we explained the motivation behind the UK government's white paper on national security and investment. In this blog, we explain more of the detail in those proposals.

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Press and Media

GDPR introduction sees whistle-blower reports on data breaches rise 165%

17 December 2018

The number of whistle-blower reports received by the Information Commissioner’s Office (ICO) about potential data breaches at businesses has increased 165% since the introduction of the General Data Protection Regulation (GDPR) in May.

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Blog

Pension Transfers – FCA provides an end of year report

Published on 14 December 2018. By Matthew Watson, Associate

As the end of the calendar year approaches the FCA's recent publication indicated that the regulator remains concerned as to the suitability of pension transfer advice. If the FCA's recent review was an end of term school report this would be best summed up as "could do much better".

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Blog

Vacation Rentals – taxpayer had legitimate expectation that HMRC guidance could be relied on

Published on 14 December 2018. By Michelle Sloane, Senior Associate

In R (on the application of Vacation Rentals (UK) Ltd) (formerly The Hoseasons Group Ltd) v HMRC [2018] UKUT 383 (TCC), the Upper Tribunal (UT), has held that HMRC was bound by its published guidance in Business Brief 18/06 (BB18/06) concerning the treatment of payments for card handling services.

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Blog

On the tenth day of Christmas, the High Court gave to me…ten claims a-noticed

Published on 14 December 2018. By Davina Given, Partner

Christmas may come but once a year, but 2018 was book-ended by two cases in the Court of Appeal on claim notices in the context of share sale purchases.

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Blog

A Signature Move in the Right Direction?

Published on 13 December 2018. By Jason Varney, Senior Associate

Earlier this year the Law Commission published a Consultation Paper on the use of electronic signatures for the execution of written agreements. Whilst the Law Commission does provisionally conclude that in its view an electronic signature is capable of complying with existing law, it published the Paper in order to seek views on whether the current law inhibits the electronic execution of written contracts, and what concerns stakeholders have regarding the use of electronic signatures.

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Video

Projecting into the future of the medical products sector

Published on 13 December 2018. By Emma Kislingbury, Associate and Peter Rudd-Clarke, Legal Director

In the final instalment of our vlog series, we look at recently published books by Yuval Noah Harari and Stephen Hawking to help us better understand and project into the future of the medical products sector.

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Blog

On the ninth day of Christmas, the High Court gave to me…nine losses mounting

Published on 13 December 2018. By Davina Given, Partner

It's rare for cases on damages to reach the Supreme Court, and there was just one in 2018: Morris-Garner v One Step (Support) Ltd (possibly particularly appropriate for a verse normally taken up with possibly aged leaping lords).

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Blog

On the eighth day of Christmas, the High Court gave to me…eight duties owing

Published on 12 December 2018. By Davina Given, Partner

To borrow from a distinctly non-Christmassy text: to owe or not to owe a duty? That is often the difficult question. (It could be worse: o-ho-ho-ho-we, yes, it could.) By way of a round-robin letter on the topic, by and large, 2018 was a good year for.

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Blog

Huawei and UK National Security - A new technology cold war?

Published on 11 December 2018. By Neil Brown, Partner and Charles Buckworth, Partner

Chinese technology giant, Huawei, has been making plenty of headlines recently. First, a number of Western governments (including the US, Australia and New Zealand) have banned Huawei equipment from being used in 5G networks, citing national security concerns. Next, Huawei's CFO was arrested in Canada in connection with alleged breaches of international sanctions.

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Blog

On the seventh day of Christmas, the High Court gave to me…seven fraudsters fleeing

Published on 11 December 2018. By Davina Given, Partner and Jonathan Cary, Partner

A Home Office report in July 2018 found that in 2015/16 there were 3.6m incidents of fraud with an immediate cost of £3.04bn and 2m incidents of cybercrime with an immediate cost of £526m. It seems improbable that the number or value of those incidents has declined since then, and certainly fraud of all types has had a busy 12 months in the English courts.

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Publication

The new Payment Services Bill

Published on 10 December 2018. By Lex Lazatin, Associate

The new Payment Services Bill (No 48/2019) (the “Bill”) was recently submitted for a first reading in the Singapore Parliament on 19 November 2018. The Bill will consolidate the various payments regulations and replace the existing legislation, which primarily comprises the Money-changing and Remittance Businesses Act (Cap 187, 2008 Rev Ed) (the “MCRBA”) and the Payment Systems (Oversight) Act (Cap 222A, 2007 Rev Ed) (the “PSOA”).

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Blog

On the sixth day of Christmas, the High Court gave to me…six exclusion clauses

Published on 10 December 2018. By Davina Given, Partner

Geese, which normally feature in this verse, can pack a nasty bite. In a gaggle of cases this year, exclusion clauses bit claimants hard – but in two cases the claimants successfully fought back.

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Blog

On the fifth day of Christmas, the High Court gave to me…five time bars!

Published on 07 December 2018. By Davina Given, Partner

A defendant who can rely on a limitation defence strikes gold. However, the extreme impact of a time bar in wiping out a claim, however meritorious, combined with the impenetrability of some parts of the Limitation Act 1980, makes limitation a fertile source of dispute, and so it proved in 2018.

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Blog

連載コラム・欧州M&A最前線2018年9月・10月

Published on 07 December 2018. By Nigel Collins, Partner, Head of Japan Desk

今月のテーマは電気自動車(EV)のための新規制だ。急速に進展するEV産業のアドバイザーたちと業界トレンドについて話し合い、また伊藤忠商事がカーシェア・スタートアップ企業に投資するに当たり助言する中で、EV市場全般について考えたことを受け、このテーマを取り上げることにした。

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Press and Media

RPC Hong Kong office relocation for future growth plans

07 December 2018

RPC is pleased to announce that our Hong Kong team is moving to a brand new office at One Taikoo Place in early January 2019.

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Blog

Are the US courts eroding collective redress? Why England may be becoming a more attractive place for class actions

Published on 07 December 2018. By Jonathan Wood, Head of International Arbitration and Max Rossiter, Trainee Solicitor

The UK may be becoming a more favourable jurisdiction than the US for class actions or collective redress.

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Blog

On the fourth day of Christmas, the High Court gave to me…four contracts

Published on 06 December 2018. By Davina Given, Partner

Questions of contractual interpretation can be hard nuts to crack. We pick out today some nuts that you might find at the bottom of your legal stocking this year.

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Video

Artificial intelligence and diagnostics in the medical sector

Published on 06 December 2018. By Emma Kislingbury, Associate and Peter Rudd-Clarke, Legal Director

Our Medical and Life Sciences team take a look at the use of artificial intelligence and diagnostics in the second instalment of this 3 part vlog series.

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Blog

On the third day of Christmas, the High Court gave to me…three corporate crimes

Published on 05 December 2018. By Davina Given, Partner and Sam Tate, Partner

Beware of employees bearing gifts of frankincense, myrrh and especially gold: 2018 saw the first conviction after a contested prosecution for the corporate offence of failing to prevent bribery, under s7 of the Bribery Act 2010.

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Publication

Tax update December 2018

05 December 2018

In this month’s update we report on (1) the published response to the consultation on creating a “fund structure” within the Enterprise Investment Scheme for investment in innovative knowledge-intensive companies; (2) the published response to the consultation on extending the IR35 rules to the private sector; and (3) the published response to HMRC’s tax abuse and insolvency discussion document. We also comment on three recent decisions relating to (1) penalties attaching to employment intermediaries returns (2); penalties for failing to file tax returns; and (3) CGT holdover relief where the transferor was a foreign controller of the transferee.

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Blog

Livery business qualifies for BPR for IHT purposes

Published on 05 December 2018. By Constantine Christofi, Associate

In HMRC v Personal Representatives of the Estate of Maureen M Vigne [2018] UKUT 357 (TCC), the Upper Tribunal (UT), in dismissing HMRC's appeal, has confirmed that a livery business attracted business property relief (BPR) under section 105, Inheritance Tax Act 1984 (IHTA), as the business did not consist of wholly or mainly in making or holding investments.

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Blog

On the second day of Christmas, the High Court gave to me…two LIBOR reps

Published on 04 December 2018. By Davina Given, Partner

The long-running and hard-fought saga of Property Alliance Group v Royal Bank of Scotland came to a close with the Court of Appeal's judgement in March 2018, after four and a half years and at least 12 reported decisions. So what will we remember from the litigation?

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Blog

On the first day of Christmas, the High Court gave to me…a privilege in E-N-RC

Published on 03 December 2018. By Davina Given, Partner

With Advent upon us, and Christmas on the horizon, RPC takes a musical look back at the most important English judgments of 2018. Liability for all failures of rhythm and rhyme is hereby excluded.

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Press and Media

International legal network Terralex announces RPC chair

03 December 2018

TerraLex has announced that Tim Brown Partner at RPC, the City-headquartered law firm, has been elected as Chair of the global network. Tim replaces Harry P. Trueheart of Nixon Peabody.

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Blog

The Serpentine Trust Ltd – HMRC entitled to raise VAT assessments despite binding contractual agreement

Published on 03 December 2018. By Michelle Sloane, Senior Associate

In The Serpentine Trust Ltd v HMRC [2018] UKFTT 535, the First-tier Tribunal (FTT) has held that although HMRC had agreed with the taxpayer one basis for calculating VAT, under its alternative dispute resolution (ADR) procedure, it was not precluded from raising VAT assessments on a different basis because the agreement reached was ultra vires and therefore void.

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Publication

Product liability update November 2018

30 November 2018

A round-up of product liability news and stories making the headlines.

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Blog

連載コラム・欧州M&A最前線>2018年11月

Published on 30 November 2018. By Nigel Collins, Partner, Head of Japan Desk

クリスマスまであと数日。オフィスには、すでに休暇入りした同僚達の空席がちらほら見られる一方、年内に取引やプロジェクトを完了しようと奔走する姿も目立つ。クリスマスと元日の間には営業日が2、3日あるが、ロンドンの金融街シティーは空っぽだろう。(ナイジェル・コリンズ/M&A専門弁護士)

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Blog

A battle between two warriors

Published on 28 November 2018. By Ben Mark, Partner

The IPEC has recently considered the protection afforded to trade marks with an average level of distinctiveness.

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Video

The future of the medical products sector

Published on 28 November 2018. By Peter Rudd-Clarke, Legal Director and Emma Kislingbury, Associate

In the first of our vlog series we focus on the future of the medical products sector, specifically where the sector is heading and what risks and opportunities might lie ahead.

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Publication

VAT update November 2018

28 November 2018

In this month’s update we report on new regulations adopted by ECOFIN which are intended to combat VAT fraud, infringement proceedings brought against Italy and the UK following publication of the so-called “Paradise Papers” and publication of the response to HMRC’s consultation on the “split payment” method of VAT collection. We also comment on three recent decisions relating to the scope of the FTT’s jurisdiction in relation to public law issues, input tax recovery by a student union shop and application of the reverse charge rules to investment management services received from outside the EU.

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Blog

Patel – HMRC ordered to close enquiry which was  "drifting aimlessly"

Published on 26 November 2018. By Heather Rimmer, Associate

In Patel v HMRC [2018] UKFTT 0561 (TC), the First-tier Tribunal (FTT) directed HMRC, pursuant to section 28A, Taxes Management Act 1970 (TMA), to close its enquiry.

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Publication

Customs and excise quarterly update November 2018

Published on 26 November 2018. By Adam Craggs, Partner and Michelle Sloane, Senior Associate

In this update we report on HMRC’s guidance on how to prepare for the Customs Declaration Service, the launch of the Customs Declaration Service and HMRC’s guidance on trading with the EU in the event of a no-deal Brexit. We also comment on three recent cases relating to the calculation of gaming duty, tariff classification of seasoned chicken meat and mobility scooters.

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