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Blog

Rowe and Vital Nut – Court of Appeal delivers its judgments in APN judicial review challenge

Published on 02 March 2018. By Adam Craggs, Partner

In Rowe and Vital Nut, the Court of Appeal has dismissed the claimant taxpayers' appeals in judicial review proceedings challenging the legality of Accelerated Payment Notices (APNs) and Partner Payment Notices (PPNs).

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Blog

An aspirin a day…

Published on 02 March 2018. By Genevieve Isherwood, Associate

Discusses research that suggests aspirin can reduce risk of colon cancer in patients with Lynch Syndrome

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Blog

Bank liable for breach of Quincecare duty

Published on 01 March 2018. By Andy McGregor, Partner and Charlotte Henschen (née Ducker), Senior Associate

The Court of Appeal has upheld a decision that the appellant bank breached the Quincecare duty of care which it owed to its corporate customer by making payments without proper enquiry, in circumstances in which a reasonable banker would have been on notice that the customer's director was perpetrating a fraud.

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Blog

Smashing 'Smash and Grab' – Coulson J delivers significant blow to smash and grab tactic

Published on 01 March 2018. By David Thorne, Partner

Over recent years a body of case law has developed supporting the principle that in the absence of a valid pay less notice an employer is exposed to a 'smash and grab' adjudications for payment of the sum stated as due in a contractor's interim application even if that application is overstated. On Tuesday this week, in what is likely to be his final judgement before moving to the Court of Appeal, Coulson J delivered welcome clarification on the matter in Grove Developments Ltd v S&T (UK) Ltd. Coulson J held that even in the absence of a valid pay less notice it is open to an employer to commence adjudication proceedings for determination of the 'true' value of an interim application potentially blunting the tactical utility of 'smash and grab' adjudications.

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Blog

Enforcement Reporter - SFC sets out its enforcement priorities for 2018

Published on 01 March 2018. By Jonathan Crompton, Partner and Kingsley Krawczyk, Registered Foreign Lawyer

On 26 February 2018 the SFC released the third edition of its new series of the Enforcement Reporter. The communication outlines the SFC's key enforcement priorities for the coming year and highlights significant recent enforcement actions. The Enforcement Reporter follows the general themes of previous editions and is a useful indication to the market of the SFC's key concerns. In particular, tackling corporate fraud remains top of the agenda, with insider dealing, misconduct by intermediaries and sponsors, and money laundering on the SFC's radar.

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Video

Is GDPR a barrier to InsurTech growth?

28 February 2018

Partner Mark Crichard speaks to Instech Club2020 in the run-up to Instech AI 2018.

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Video

Is the insurance market making sufficient progress in innovating?

28 February 2018

Simon Laird speaks to Instech Club 2020 in the run-up to Instech AI 2018

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Publication

Tax update March 2018

27 February 2018

In this month’s update we report on HMRC’s recently published guidance on the Serial Tax Avoidance Regime, venture capital schemes and non-domicile reforms.

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Blog

In the Matter of Agrokor DD: Model Laws and PIK toggle loans

Published on 26 February 2018. By Jake Hardy, Legal Director

A recent application made by insolvency practitioner of Agrokor, a major Croatian conglomerate, resulted in recognition in England of a stay of civil proceedings against the group. The purpose of the application was to halt any proceedings in relation to Agrokor's securities and debt obligations containing English law and jurisdiction provisions, pending the restructuring in the Croatian insolvency proceedings of the affairs of the group.

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Blog

欧州M&A最前線 2018年2月

Published on 23 February 2018. By Nigel Collins, Partner, Head of Japan Desk

酷寒の東京と暖かい香港、蒸し暑いシンガポールを出張で回り、大勢のクライアントや関係者を訪ねて帰ってきたところだ。各地とも景況感は良く、フィンテック(金融とITの融合)やインシュアテック、クリーンエナジー技術が投資先として人気を高めている。

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Blog

When will pleading "special circumstances" permit collateral use?

Published on 22 February 2018. By Joe Cresswell, Associate and Geraldine Elliott, Partner

Having taken a strict approach when considering what constituted "collateral use" in Tchenguiz v Grant Thornton UK LLP, the Commercial Court has moved quickly to clarify the test for "special circumstances" in applications for permission to use previously disclosed documents in The Libyan Investment Authority v Société Générale SA and others.

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Blog

High Court does not accommodate "Easy" trade mark and passing off claims W3 Ltd v easyGroup Ltd and another [2018] EWHC 7(Ch) 12 January 2018

Published on 22 February 2018. By Jeremy Drew, Partner and Georgia Davis, Legal Director

In a judgment highlighting the inherent risks of litigation, the High Court has dismissed a claim for actionable threats of trade mark infringement against easyGroup Ltd in respect of the use of W3 Ltd's use of "EasyRoommate", as well as dismissing easyGroup's counterclaim claiming passing off and infringement of various trade marks containing the prefix "easy".

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Publication

Wealth and trusts quarterly digest

22 February 2018

Welcome to our latest wealth and trusts digest. Our quarterly digest provides up to date commentary and analysis on key sector developments. It is written by our wealth and trusts teams to assist you and your clients in responding to market trends and legal developments. We would welcome the opportunity to discuss any issues you may have and always welcome feedback on the content of our publications.

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Blog

Changes on the horizon - FCA consults on non-workplace pensions

Published on 22 February 2018. By Rachael Healey, Legal Director

The FCA has issued a discussion paper targeted at the non-workplace pension market. The paper marks the start of the FCA's work looking at whether there is harm in the non-workplace pension market and to better understand the potential presence, nature, extent and cause of any harm.

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Blog

Bad news for litigants in person?

Published on 21 February 2018. By Tom Toulson, Associate

When a litigant in person fails to correctly serve a claim form they can expect the courts to take a firm approach, following the Supreme Court's decision in Barton v Wright Hassall

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Blog

Fixed Recoverable Costs: When lawyers come 'cap' in hand

Published on 21 February 2018. By Ella Shanks, Trainee Solicitor

Working group developing a cap on recoverable costs for lawyers in clinical negligence claims

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Publication

VAT update - February 2018

21 February 2018

In this month’s update we report on the EU Commission’s proposals to reduce VAT compliance costs for small businesses, guidance published by HMRC following the Supreme Court’s decision in InvestmentTrust Companies and the latest consultation to implement “making tax digital” for VAT.

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Blog

The Gig Economy: a Pressure Cooker of Problems

Published on 20 February 2018. By Umut Bektas, Trainee Solicitor

What do companies such as Deliveroo, Uber and Handy all have in common? They have all become hugely successful in the era of the gig economy. But what is the gig economy and what problems does the market face in today's society?

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Blog

Equitix ESI CHP (Wrexham) Limited v Bester Generacion UK Limited: Judicial guidance on the applicability of the HGCRA to a dispute under a power generation contract

Published on 19 February 2018. By Sarah Shafiq, Associate and Dan Preston, Partner

Equitix ESI CHP (Wrexham) Limited (Equitix), a special purpose vehicle, entered into a design and build contract with Bester Generacion UK Limited (Bester) for the construction of the Wrexham Biomass Fired Energy Generating Plant (the Project).

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Blog

Sky judge kicks bad faith questions to the ECJ

Published on 19 February 2018. By Paul Joseph, Partner and Sophie Tuson, Associate

In a significant decision in Sky v Skykick [2018] EWHC 155, Mr Justice Arnold has referred a number of questions to the CJEU on bad faith and the clarity and precision of trade mark specifications. The CJEU's response may have significant implications for trade mark owners – particularly those holding very broad registrations.

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Blog

A game changer for concussion injuries? New study investigating CTE creates a potential headache for defendants and their insurers

Published on 16 February 2018. By James Davies, Senior Associate

A new study shows that repeated hits to the head, not concussions, cause chronic traumatic encephalopathy (CTE), the neurodegenerative disease experienced by American football players, boxers and other athletes.

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Blog

Stadion - CJEU confirms circumstances where different elements of a supply can be taxed at different rates

Published on 16 February 2018. By Nicole Kostic, Senior Associate

In Stadion Amsterdam CV v Staatssecretaris van Financiën C-463/16, the Court of Justice of the European Union (CJEU) has confirmed that, in the absence of specific statutory language to the contrary, a single supply, which includes two individually priced elements, is taxable at the rate of the principle supply.

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Blog

Bilta: litigation privilege attaches to documents created during internal investigation into VAT claim

Published on 16 February 2018. By Adam Craggs, Partner

In Bilta (UK) Ltd (in liquidation) and ors v Royal Bank of Scotland Plc and another [2017] EWHC 2525 (Ch), the High Court has held that documents prepared by the Royal Bank of Scotland Plc (RBS) in the course of an investigation into allegations made by HMRC were protected by litigation privilege.

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Blog

Reality Retail

Published on 16 February 2018. By Amelia Cave, Associate and Ben Harris, Trainee Solicitor

Continuing its trend of introducing disruptive innovations to the retail market, Amazon recently opened its first checkout-free supermarket, 'Amazon Go', to the public. In light of this, we thought we would take a look at some of the other retailers using innovative technology to revitalise their bricks and mortar offering.

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Press and Media

Three RPC insurance partners announced as winners of Client Choice Awards 2018

15 February 2018

Insurance partners Gavin Reese, Paul Castellani, and Antony Sassi recognised for excellent client care and service quality

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Publication

Corporate tax update

15 February 2018

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly. In this final 2017 edition we highlight some of the key tax developments of interest to UK corporates from the fourth quarter of 2017.

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Blog

Court of Appeal holds that a facility agreement based on the LMA model form does not constitute lenders' standard terms for UCTA: But never say never…

Published on 15 February 2018. By Charlotte Henschen (née Ducker), Senior Associate and Jonathan Cary, Partner

The Court of Appeal has upheld a decision that a facility agreement based on the LMA model form did not constitute the lenders' standard terms for the purposes of UCTA. Had UCTA applied, the terms of the facility agreement would have been subject to a reasonableness test.

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Blog

Brexit chess game to be played out at Chequers

Published on 15 February 2018. By Peter Rudd-Clarke, Legal Director

The Life Sciences industry demands certainty over the Government's approach to regulation after Brexit. It is hoped that Government meetings this month will achieve that.

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Press and Media

Value of UK litigation funders’ "war chests" hits £1 billion - up 42% in a year

14 February 2018

Litigation funders ramp up case sourcing strategies to deploy the extra capital

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Publication

Customs and excise quarterly update, February 2018

Published on 13 February 2018. By Adam Craggs, Partner

Welcome to the February edition of our customs and excise quarterly update.

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Blog

Mr Justice Langstaff to chair contaminated blood inquiry

Published on 13 February 2018. By Emma Kislingbury, Associate

Mr Justice Langstaff will lead the public inquiry into how contaminated blood transfusions infected thousands of people with HIV and hepatitis C in the 1970s and 80s

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Blog

Insuring Cryptocurrency risk, and why a duck might not actually be a duck

Published on 13 February 2018. By Max Rossiter, Trainee Solicitor

Cryptocurrencies have dominated headlines with their soaring value and accelerating use. Their regulation has remained somewhat of an afterthought, however. This blog post looks at some of the pitfalls and the larger implications for financial professionals and the insurance industry that the risks of cryptocurrency present.

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Blog

ICOs in Hong Kong

Published on 13 February 2018. By Christopher To, Trainee Solicitor

We have all seen the rise in the price of Bitcoin in the last year, and may also be aware (at the very least) of the existence of ICOs. But what are ICOs? And what legal framework do they operate in? ICOs in Hong Kong.

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Blog

Sabotage at sea - The LADY M

13 February 2018

In The LADY M, the English Commercial Court held that shipowners could rely on the Hague-Visby Rules fire defence even when the fire was set by the crew (without owners’ knowledge). In so doing, the admiralty concept of barratry received rare consideration by the Courts.

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Blog

RICS Conflict Avoidance Pledge

Published on 12 February 2018.

It is a well-known fact that the costs of resolving disputes can quickly escalate, and that it is often not cost and time effective to pursue even mid-sized claims through arbitration or litigation. In an attempt to circumvent the need for this sort of dispute resolution, by avoiding disagreements developing into disputes, the Conflict Avoidance Coalition has formed and introduced a "Conflict Avoidance Pledge".

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Blog

Hong Kong regulator warns of cryptocurrency risks

Published on 09 February 2018. By Jonathan Cary, Partner and Ben Yates, Senior Consultant

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Blog

Trainees Take on 2018: can we predict the unpredictable?

Published on 08 February 2018. By Daisy Fulton, Trainee Solicitor and Anna Greco, Trainee Solicitor and Leah Wood, Trainee Solicitor and Samantha Thompson, Associate and Matthew Plampton, Trainee Solicitor

Despite the rollercoaster that was 2017, our trainees did fairly well in predicting its twists and turns, including that Trump would continue without restraint on Twitter. In an attempt to continue our success, the trainees have submitted their predictions for 2018. Disclaimer: we failed to foresee the rise in Bitcoin last year (and therefore must continue to work), so please do not rely on the below for your investment advice! Read on to see our bets on Brexit, US Politics, the World Cup and 'automated bundling'!

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Blog

Cannon: Tax barrister not careless in relying on advice received from his accountant

Published on 07 February 2018. By Constantine Christofi, Associate

In Cannon v HMRC [2017] UKFTT 859 (TC), the First-tier Tribunal has held that a tax barrister was not careless in relying on tax advice received from an accountant retained to give professional advice on specified issues.

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Blog

Monkey See, Monkey Do

Published on 06 February 2018. By Genevieve Isherwood, Associate

Implications for humans and animals of the recent successful cloning of monkeys by Chinese researchers

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Blog

Privilege: A welcome respite from ENRC?

Published on 05 February 2018. By Davina Given, Partner and Mafruhdha Miah, Trainee Solicitor

Are interviews held with employees to prepare a report intended to deter a governmental authority from taking legal action privileged?

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Blog

English Holdings - UT allows set-off of corporation tax loss against general income

Published on 05 February 2018. By Michelle Sloane, Senior Associate

In English Holdings Ltd v HMRC [2016] UKFTT 0346 (TC), the Upper Tribunal (UT) upheld a decision of the First-tier Tribunal (FTT) which allowed an appeal by a non-UK resident company against a decision of HMRC refusing its claim to offset losses arising in its UK permanent establishment (PE) against profits earned by its UK property rental business.

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Blog

CMA clamps down on unfair gambling promotions

Published on 01 February 2018. By Jeremy Drew, Partner and Stuart Harris, Associate

The CMA has spoken: online gambling operators must act now to avoid falling foul of misleading terms and practices. See below for our list of dos and don’ts.

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Publication

Government announces new office for product safety and standards

01 February 2018

On 21 January 2018, the Government announced the creation of the Office for Product Safety and Standards (OPSS), a new national oversight body tasked with “identifying consumer risks and managing responses to large-scale product recalls and repairs”.

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Publication

Tax update - February 2018

01 February 2018

In this month’s update we report on HMRC’s recently published guidance relating to penalties for enablers of defeated abusive tax arrangements; the publication by the EU of a list of non-cooperative jurisdictions in tax matters; and the outcome of HMRC’s consultation on reporting obligations for offshore structures.

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Blog

Beneficial House – Tribunal orders HMRC to issue closure notices in tax avoidance case

Published on 31 January 2018. By Alexis Armitage, Associate

Beneficial House; Stanley Dock; Chancery (UK) LLP, Valhalla Private Client Services LLP; Business Premises Renovation Allowance; BPRA; Disclosure of Tax Avoidance Scheme rules; DOTAS; Tax on restoration of hotel; HMRC closure notices; closure notices; Tribunal orders HMRC to issue closure notices; application for a closure notice; section 28 TMA..

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Blog

Duty calls: What information should be provided to patients following treatment?

Published on 31 January 2018. By Florence Page, Associate

Summary of the High Court's recent decision in a case concerning the duty to inform a patient of treatment outcomes and the requirement for follow-up, further treatment, or monitoring.

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Blog

Trainees took on 2017: were they right?

30 January 2018

Following RPC trainees' 2017 "predictions", our editors take a look back at the key trends and events over the last 12 months to determine whether the trainees were right!

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Blog

Retrospective and prospective delay analyses – do they provide the same results?

Published on 26 January 2018. By Dan Preston, Partner

The recent case of Fluor v Shanghai Zhenhua Heavy Industry Co considered the difference between prospective and retrospective approaches to delay analysis and whether they lead to the same results.

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Blog

Organ donation: have your say

Published on 26 January 2018. By Emma Kislingbury, Associate

Organ donation is, for some, a difficult topic of conversation, but a Government consultation is encouraging us to think about it and share our views.

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Blog

ESMA to use new powers to attack the sale of CFDs and binary bets to retail investors

Published on 25 January 2018. By Lucy Kerr, Senior Associate

ESMA has launched a public consultation on measures to protect retail investors investing in contracts for difference (CFDs) and binary bets. Potential changes include wide-ranging restrictions on the marketing and sale of CFDs, and a complete prohibition on the sale of binary bets to retail investors. An intervention would mark ESMA's first use of its new powers under MiFID II, which came into force on 3 January.

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