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Restructuring and Insolvency roundup January 2018

05 January 2018

In this roundup, we look at crowdfunding, a sector which continues to be of interest to practitioners giving the changing regulatory landscape and the risk to investors. Other cases we look at include cover privilege in bankruptcy, the adequacy of ATE policies, and the requirement for boards to be quorate when directors appoint administrators.

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Press and Media

RPC's Corporate Insurance team advises Citynet in latest insurance sector corporate transaction

05 January 2018

In the latest of a series of Lloyd's and London market broker deals, the RPC team has advised Citynet, the Lloyd's of London broker, and the selling shareholders, on the deal announced in December with Carlyle-backed PIB Group.

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Blog

Unauthorised introducers, the Pension Ombudsman and SSASs

Published on 04 January 2018. By Rachael Healey, Legal Director

The Pension Ombudsman has rejected a complaint against a SSAS provider in relation to investments in carbon credit investments made on the instigation of an unauthorised introducer. In contrast to FOS decisions we have seen, the Pension Ombudsman appeared to put the onus and risk on the consumer for engaging with an unauthorised introducer.

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Blog

Abortion clinics will be rated by CQC

Published on 03 January 2018. By Ella Shanks, Trainee Solicitor

The Department of Health announces broader powers for the Care Quality Commission to rate independent healthcare providers.

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Blog

Penalties for non-payment of APN can be avoided where it is reasonable to consider an APN unlawful

Published on 20 December 2017. By Constantine Christofi, Associate

In Chapman v HMRC, the First-tier Tribunal (FTT) has confirmed that a reasonable belief that an accelerated payment notice (APN) is unlawful can constitute a reasonable excuse for non-payment.

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Blog

Spurs 2 : 0 HMRC – termination payment not taxable earnings

Published on 20 December 2017. By Michelle Sloane, Senior Associate and Adam Craggs, Partner

The Upper Tribunal (UT) has confirmed the decision of the First-tier Tribunal (FTT) that payments made by Spurs in respect of two players on early termination of their contracts were not earnings. They were termination payments and, therefore, were outside the scope of national insurance contributions (NICs).

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Blog

Spurs 2 : 0 HMRC – payment on early termination of fixed term contract not taxable as earnings

Published on 20 December 2017. By Michelle Sloane, Senior Associate

In Tottenham Hotspur Ltd v HMRC [2017] UKUT 453 (TCC), the Upper Tribunal (UT) has confirmed the decision of the First-tier Tribunal that payments made by an employer in respect of two football players on early termination of their fixed term contracts were not earnings. They were termination payments and, therefore, were outside the scope of national insurance contributions (NICs).

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Press and Media

RPC partners with The University of Law to launch apprenticeship programme

Published on 19 December 2017. By Simon Hart, Partner

Partnering with The University of Law (ULaw) – one of the UK's leading providers of legal education and training – and apprenticeship specialists Damar Training, RPC will be recruiting up to four apprentice paralegals.

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Blog

Luxury brands: The tale of selective distribution systems and online platform restrictions

Published on 19 December 2017. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

In the much awaited Coty preliminary ruling, the European Court of Justice (the "ECJ") has confirmed that, subject to certain conditions, luxury goods manufacturers can employ selective distribution systems to preserve the luxury image of their products and can prohibit their authorised distributors from utilising third-party online sales platforms.

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Blog

3 lessons that UK pharmaceutical manufacturers can learn from the US opioid epidemic

Published on 19 December 2017. By Florence Page, Associate

3 lessons that UK pharmaceutical manufacturers can learn from the US opioid epidemic

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