Abstract of glass building

Search results

3313 results

Blog

And the (Christmas) results are in…

Published on 09 January 2018. By Henry Priestley, Senior Associate and Umut Bektas, Trainee Solicitor

The focus of last year's post-Christmas update was Next's post-Christmas profit warning. This year however it was largely good news for the retailer as they reported that sales in the 54 days to 24 December 2017 were up by 1.5% compared to the same period in 2016. This is against Next's expectation in November 2017 that sales would fall by 0.3% for the period.

Read more
Publication

Tax avoidance schemes and the duty to warn

Published on 09 January 2018. By Rachael Healey, Legal Director

In a useful judgment summarising when a duty to warn arises, the Court of Appeal overturned the High Court’s decision and raised doubts over the applicable test when considering whether or not financial advisers have been negligent in advising on the risks associated with investments.

Read more
Publication

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.

Read more
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.

Read more
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.

Read more
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.

Read more
Blog

Documents from which legal advice can be inferred – are they privileged?

Published on 28 December 2017. By Christopher Whitehouse, Associate and Davina Given, Partner

The High Court considered the extent to which legal advice privilege could attach to documents which were not communications of legal advice between lawyer and client but from which privileged legal advice could be inferred and held that privilege could indeed apply to such documents. The test is whether there is a "definite and reasonable foundation" for such an inference to be made as opposed to material that would merely make the reader speculate what the legal advice was.

Read more
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.

Read more
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).

Read more
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).

Read more
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.

Read more
Blog

Service by Email – Lessons from Glencore Agriculture B.V. v Conqueror Holdings Limited [2017] EWHC 2893

Published on 19 December 2017. By Laura Evans, Associate and Jonathan Cary, Partner

The English High Court has found that service by email of arbitration proceedings was not valid under section 76 of the Arbitration Act 1996 on the basis that the correspondence had been directed to the email address of an employee who did not have the authority to accept service. The judge found that in circumstances where service is by way of an individual email address, validity of service depends on the application of agency principles.

Read more
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.

Read more
Snapshot

Snapshots - Winter 2017

19 December 2017

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

Read more
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

Read more
Blog

Roll up your sleeve – CJEU injects some influence in to vaccination case

Published on 19 December 2017. By Florence Page, Associate

Summary of Court of Justice of the European Union (CJEU) decision in vaccination case

Read more
Snapshot

ASA Ruling on News UK & Ireland Ltd t/a News UK

18 December 2017

The Times ran a promotion offering “two Legoland tickets for £10” upon the collection and redemption of four unique codes. The small print at the bottom of the promotion included “subject to availability” but did not include a closing date.

Read more
Snapshot

ASA Ruling on American Express Services Europe Ltd American Express

18 December 2017

The ASA has banned American Express’ “Everything Has an Upside” ad for their Platinum Cashback Everyday Credit Card, after ruling that it had exaggerated the claim that consumers get 5% cashback on all purchases.

Read more
Snapshot

ASA Ruling on Bonne Terre Ltd t/a Sky Bingo – marketer responsible for non-compliant advertorial, despite not authorising the ad

18 December 2017

What does an advertorial need to display in order to be clearly identified as a marketing communication for the purposes of the CAP Code, and who bears responsibility for a breach?

Read more
Snapshot

What constitutes “editorial control” for the purpose of determining whether video content is an advertorial?

18 December 2017

ASA Ruling on Wahoo Fitness (UK) Ltd (15 November 2017)

Read more
Snapshot

How will a court assess damages in a claim for negligent valuation?

18 December 2017

How will a court assess damages in a claim for negligent valuation?

Read more
Snapshot

How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?

18 December 2017

How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?

Read more
Snapshot

What level care should be taken when making health claims via celebrities?

18 December 2017

ASA Ruling on Nomad Choice Pty Ltd t/a Flat Tummy Tea (13 September 2017)

Read more
Snapshot

Updates to the draft ePrivacy Regulation

18 December 2017

On 19 October 2017, the European Parliament approved a revised draft of the ePrivacy Regulation. Though still subject to negotiation, it introduces a number of important changes, and deserves careful study by every online communications business.

Read more
Snapshot

Are Model Contract Clauses (or “Standard Contract Clauses” – SSCs) valid under EU data protection law?

18 December 2017

Irish High Court asks CJEU to rule on validity of Model Contract Clauses (Schrems II)

Read more
Snapshot

ICO issues TalkTalk monetary penalty notice for £100,000

18 December 2017

On 7 August 2017, the Information Commissioner’s Office fined TalkTalk £100,000 after an investigation found that it had failed to take adequate security measures to protect customer data from unauthorised access via web-based portal.

Read more
Snapshot

ICO issues draft guidance on contracts between data controllers and data processors

18 December 2017

What must be included within a contract between a data controller and a data processor to ensure compliance with the General Data Protection Regulation (GDPR)?

Read more
Blog

12 Drummers Drumming: Pa rum pum pum pum

Published on 18 December 2017.

Whilst we all like to get into the festive spirit it's not much fun if you're living next door to those drummers. In this final instalment of the festive blog series we consider what action can be taken against noisy neighbours.

Read more
Snapshot

How will GDPR affect the world of internet policy and systems of domain name registration?

18 December 2017

Data protection - ICANN/WHOIS and the GDPR

Read more
Snapshot

No ICO notifications but fees continue under GDPR

18 December 2017

The Information Commissioner’s Office (ICO) has provided guidance as to how its notificationand fee regime will change when the General Data Protection Regulation (GDPR) comes into force in May 2018.

Read more
Snapshot

EU Online Platform Bill

18 December 2017

Search engines, app stores and other online platforms are facing new transparency obligations in relation to their contracts with other businesses in a new EU draft Bill proposed to be introduced next year.

Read more
Snapshot

DCMS report on cyber security for the Internet of Things

18 December 2017

What are the risks associated with the Internet of Things and what needs to be done to make the Internet of Things safer for consumers?

Read more
Snapshot

European Commission Recommendation on illegal content online

18 December 2017

What new measures will be required of online hosting service providers in relation to the European Commission Recommendation on measures to effectively tackle illegal content online?

Read more
Snapshot

Online Platforms - Commission communication on tackling illegal content online

18 December 2017

The European Commission (Commission) has published a Communication containing nonlegally binding guidelines for online platforms on preventing, detecting, removing and disabling access to illegal content.

Read more
Snapshot

Online platforms - Internet Safety Strategy green paper

18 December 2017

The internet is now all but ubiquitous, and there are growing public concerns about online safety. The issues range from online trolling, to hate speech, to location-sharing within social media platforms.

Read more
Snapshot

Can TV formats be protected by copyright as artistic works?

18 December 2017

Can TV formats be protected by copyright as artistic works?

Read more
Snapshot

Will a variation of the underlying agreement invalidate a guarantee?

18 December 2017

Will a variation of the underlying agreement invalidate a guarantee?

Read more
Blog

Making made to measure medicine: tailored to suit

Published on 18 December 2017. By Florence Page, Associate

Summary of key points emerging from MHRA guidance on the importance of human factors in the development of new medical devices.

Read more
Snapshot

What amounts to effective service of a notice

18 December 2017

What amounts to effective service of a notice?

Read more
Snapshot

What constitutes the “ordinary and proper course of business”?

18 December 2017

What constitutes the “ordinary and proper course of business”?

Read more
Blog

Trial by Social Media

Published on 18 December 2017. By Matthew Plampton, Trainee Solicitor

In a society filled with instant news and where anyone with an internet connection can publish an opinion, is an objective unbiased jury still achievable?

Read more
Blog

United Biscuits: High Court rejects claims for refunds of overpaid VAT

Published on 18 December 2017. By Nicole Kostic, Senior Associate

In United Biscuits (Pension Trustees) Ltd and another v HMRC [2017] EWHC 2895 (Ch), the High Court held that pension fund management services by non-insurers are standard rated and dismissed the claimant's claim to recover VAT on investment management services for pensions.

Read more
Blog

11 pipers piping: How does MEES differ in Scotland?

Published on 15 December 2017. By Johanna Hall, Senior Associate

It's day eleven of our festive blog series: The origins of the piping pipers may not be firmly rooted in Scotland, but they brought to our minds thoughts of bagpipes, and other things that are found north of the border. The Scottish were first to implement their energy efficiency regulations but now the English and Welsh are not far behind, with MEES coming into force early next year: what will the differences between the systems be?

Read more
Publication

Health and safety update December 2017

14 December 2017

Welcome the 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 well as the latest fines and sentences that have been handed down.

Read more
Publication

Subrogated recoveries

Published on 14 December 2017. By Mark Errington, Partner

An accessible reference point to assist insurers in their immediate considerations relating to subrogated recoveries in 15 jurisdictions across Asia and in England and Wales

Read more
Blog

10 Lords a-Leaping

Published on 14 December 2017.

It's day 10 of our blog series: The House of Lords was once the court of last resort for most cases heard in the UK. However, in 2009 those Law Lords leapt into the 21st Century and rebranded themselves as the Supreme Court of Justice.

Read more
Blog

Ghosh test overturned: dishonesty according to the standards of ordinary, reasonable and honest people

Published on 14 December 2017. By Sarah Shaul, Associate and Davina Given, Partner

The Supreme Court has held that the test for dishonesty should be assessed only by reference to whether or not the defendant's conduct is dishonest by the objective standards of ordinary, reasonable and honest people. The Court concluded that there were convincing grounds for holding that the second limb of the longstanding Ghosh test did not correctly represent the law and that directions based upon it ought no longer to be given. The Court further stated that the assessment of dishonesty in criminal and civil proceedings should be made by reference to the same test.

Read more
Blog

9 Ladies Dancing: The Mayor of London protects the night-time economy

13 December 2017

The Mayor of London published supplementary planning guidance last month, aiming to protect and enhance cultural venues across the capital and promote the night-time economy, and the draft revised London Plan could put this on a policy footing.

Read more
Publication

Financial litigation roundup winter 2017

Published on 13 December 2017. By Tom Hibbert, Partner and David Smyth, Senior Partner, Hong Kong

Welcome to the latest edition of our Financial Litigation roundup, where we share our insights into recent judgments and ongoing cases as well as new regulatory developments from the banking and financial world in the UK and Asia.

Read more