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Publication

2018 TerraLex guide to navigating cross-border copyright rules

Published on 24 January 2018. By Paul Joseph, Partner and Ciara Cullen, Partner

Drawing together contributions from copyright experts in 21 territories we have found are key to global businesses, this guide explores questions regarding legislation and regulation, ownership, infringement, remedies, enforcement and copyright reform on a country-by-country basis.

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Blog

FOS consultation on SME access to Ombudsman service

Published on 23 January 2018. By David Allinson, Senior Associate

The FCA is currently consulting on proposed new rules to allow larger small and medium sized enterprises to refer complaints to the FOS.

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Blog

FOS consultation on SME access to Ombudsman service

Published on 23 January 2018. By David Allinson, Senior Associate

The FCA is currently consulting on proposed new rules to allow larger small and medium sized enterprises to refer complaints to the FOS.

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Publication

VAT Update - January 2018

23 January 2018

In this month’s update we report on the VAT treatment of pension fund management services for insurers; the establishment of the EU cross-border prosecution service; and guidance published by HMRC following the Supreme Court’s decision in Littlewoods.

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Blog

Commodity specification breach – can I reject?

Published on 23 January 2018. By Stuart Shepherd, Partner

A common question which arises in day to day commodity trading is whether a buyer can reject goods which do not meet the specifications set out in the contract. This blog discusses the factors which commonly come into play in determining that question.

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Blog

Connected and Autonomous Vehicles: Changes ahead for UK road traffic laws

Published on 22 January 2018. By Sarah Hill, Legal Director

The UK Government has recently launched a consultation on proposals to amend the Road Vehicles (Construction and Use) Regulations 1986 (Regulations) and the Highway Code. The proposed changes will clarify the legal position for use of features in Connected and Autonomous Vehicles (CAVs) and should bring the UK law in line with recent updates to international rules.

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Blog

New Year, New You? How about joining the virtual reality gym…

Published on 19 January 2018. By Natalie Drew, Senior Associate

Looking to beat the January gym rush? Well, look no further than American based firm Black Box VR who have combined gaming and gyming to create a virtual reality workout using just a resistance machine and headset.

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Blog

Incorrect Ownership Certificates: A Cautionary Tale

19 January 2018

In a case which the judge deemed to be "a cautionary tale about how not to submit a planning application and its consequences", the High Court has recently tackled the question of the effect of incorrect ownership certificates submitted with planning applications. In considering the issue, the Court has given us a helpful reminder of when such an error might lead to the quashing of a planning permission.

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Blog

Thorny issues of jurisdiction and claim form service laid bare by High Court

Published on 18 January 2018. By Alex Wilson, Associate and Samantha Thompson, Associate

In Howard Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB), the High Court considered two complex issues: one relating to the doctrine of forum non conveniens and the other to the CPR provisions on service of a claim form. In his judgment, handed down yesterday, Sir David Eady stayed the action in England & Wales on the basis that Scotland is the more appropriate forum. He also provided guidance on the tricky interplay between deemed and actual service of a claim form, ultimately holding that the claim form in this case had been validly served in time.

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Blog

Big Data, big problems?

Published on 18 January 2018. By Ella Shanks, Trainee Solicitor

Big Data is here to stay, whether we like it or not. It has transformed the way businesses operate and continues to streamline everyday life for individuals. However, Big Data has big implications for privacy; this blog considers the highs and lows of Big Data and what the law is doing to intervene.

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Blog

Cooke: Tribunal allows taxpayer's discovery assessment appeal

Published on 18 January 2018. By Constantine Christofi, Associate

In Cooke v HMRC [2017] UKFTT 844 (TC), the First-tier Tribunal (FTT) has allowed an appeal against a discovery assessment issued by HMRC pursuant to section 29, Taxes Management Act 1970 (TMA). The FTT found that the 'hypothetical officer' could have been reasonably expected to be aware that certain claims in the taxpayer's return were excessive.

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Publication

Annual Insurance Review 2018

17 January 2018

Welcome to RPC’s Annual Insurance Review for 2018.

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Blog

And the (Christmas) results are in: Part II

Published on 17 January 2018. By Henry Priestley, Senior Associate and Umut Bektas, Trainee Solicitor

Since our previous update many retail companies across the UK have posted their festive financials with several big retailers posting disappointing Christmas results.

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Press and Media

Top 10 industry highlights for 2018: RPC’s Annual Insurance Review

17 January 2018

RPC, the City-headquartered professional services firm, has selected 10 industry highlights expected to impact the insurance market in 2018 as part of its Annual Insurance Review. The insights are based on the expertise and experience of individuals and teams in RPC’s market-leading insurance practice.

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Blog

Our latest set of retail law 'Snapshots' are now available

Published on 15 January 2018. By Alyson Lloyd, Senior Associate and Jonathan Greenway, Trainee Solicitor

Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it.

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Blog

Notification under a specific clause must be clear

Published on 12 January 2018. By Rebecca Taylor, Associate

Systems Pipework Limited (SPL) v Rotary Building Services Limited (RBSL) determines that where a clause may have a draconian effect it is necessary for notification of this clause to include reference to the clause and clearly comply with the clause's purpose and requirements.

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Blog

To each his own: which papers belong to the solicitor?

Published on 12 January 2018. By Claire Revell, Senior Associate

Although it has previously been established that clients don't necessarily own all of their solicitors' file, clients don't always appreciate this when making a file request. Some recent case law provides support to solicitors when dealing with such requests.

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Publication

RPC Retail Compass: navigating future change

Published on 12 January 2018. By Jeremy Drew, Partner and Karen Hendy, Head of Corporate

We are delighted to present the 2018 Q1 and Q2 edition of RPC Retail Compass.

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Blog

The FCA pledges to take action against providers of contracts for difference

Published on 12 January 2018. By Lucy Kerr, Senior Associate

The FCA has concluded that consumers are at "serious risk of harm" due to the poor practices of some providers and distributors of CFDs. The regulator will take further action against at least one firm in its latest crack-down on these "complex, high-risk" products.

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Blog

Upper Tribunal refuses permission for judicial review of HMRC's policy on prior misapplication of law

Published on 12 January 2018. By Nicole Kostic, Senior Associate

In The Queen (on the application of R Clarke and others) v HMRC [2017] UKUT 379, the Upper Tribunal (UT) refused an application for permission to judicially review HMRC's decision not to compensate the taxpayer beyond the scope of its published policy contained in Business Brief 28/04.

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Blog

Thoughts on the FCA's fund fee transparency proposals

Published on 11 January 2018. By James Kaufmann, Legal Director

Alternative investment funds may soon be required to report total cost of ownership in a standardised form. Work on new templates in ongoing, and fund managers need to be aware of the situation and to be involved in this important debate that has so far been largely overlooked.

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Blog

Name and Shame: HM Land Registry to publish list of worst offenders

Published on 09 January 2018. By Claire Revell, Senior Associate

HM Land Registry has announced plans to publish a list of the top 500 entities responsible for the highest number of applications and ranking them by their track record of correctly completing Land Registry forms and applications.

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Blog

欧州M&A最前線 2018年1月

Published on 09 January 2018. By Nigel Collins, Partner, Head of Japan Desk

寒さ厳しい東京で、この記事を執筆している。幸い気温は低くても東京の雰囲気は温かい。 保険部門の同僚が、2018年に保険業界で予想される10大トピックスを公表した。非常に興味深い内容なので紹介する。

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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.

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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.

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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.

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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

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.

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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

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.

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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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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.

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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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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

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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.

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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.

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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?

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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)

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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?

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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?

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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)

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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.

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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)

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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.

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