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Snapshots - Autumn 2017

Published on 26 Sep 2017.

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

Luxury fast fashion

Published on 26 Sep 2017.

The world of high-end fashion has relied on a stable business model for decades; luxury collections are previewed at major fashion events, anticipation builds and then up to six months later products actually go on sale. But it was clear from last week's London Fashion Week that the luxury fashion model is changing as some brands seek to take advantage of consumer demand for fast fashion.

ASA Ruling on British Telecommunications plc t/a BT – prominence of qualifications to headline claims

Published on 25 Sep 2017.

What constitutes a sufficiently prominent qualification of a comparative advertising claim?

ASA Ruling on SKY UK Ltd t/a Sky – “Super Reliable” broadband

Published on 25 Sep 2017.

Two Sky adverts claimed that Sky's broadband services were “super reliable”.

ASA publishes report on gender stereotyping in advertising

Published on 25 Sep 2017.

How far do advertisers need to go in ensuring that ads avoid harmful gender stereotypes?

ICO issues fines for emails asking customers to change marketing preferences

Published on 25 Sep 2017.

The ICO has fined Moneysupermarket.com and Morrisons Supermarket a total of £90,500 for emails sent to customers who had previously opted out of marketing messages.

ICO fines Boomerang Video Ltd for failure to prevent cyber attack

Published on 25 Sep 2017.

On 27 June 2017, the Information Commissioner's Office (ICO) fined Boomerang Video Ltd (Boomerang) £60,000 after an investigation found that the SME had failed to take basic steps to stop its website being attacked.

ASA Inspop.com Ltd t/a Confused.com (5 July 2017) – ASA decision on “No.1 claims”

Published on 25 Sep 2017.

Confused.com, a comparison site, ran a campaign comprising of five adverts in total, all which stated that it was “No.1 for car savings”.

ASA Ruling on John Lewis Partnership plc ta John Lewis

Published on 25 Sep 2017.

When is it misleading to claim that an item, purchased as part of a bundle, is “free”?

ICO publishes updated Subject Access Code of Practice

Published on 25 Sep 2017.

How should data controllers respond to subject access requests (SARs)?

Data Protection Working Party adopts Opinion 2/2017 on data processing at work

Published on 25 Sep 2017.

How do new technologies affect the balance between employers and employees in the debate over legitimate data monitoring interests vs the privacy expectations of individuals?

ASA New BCAP guidance on advertising of high fat, salt and sugar (HFSS) products

Published on 25 Sep 2017.

How can an HFSS product advertisement be differentiated from a brand advertisement (to which the HFSS restrictions do not apply)? And what is the approach of the Broadcast Committee of Advertising Practice (BCAP)?

Terms and conditions

Published on 25 Sep 2017.

Thousands agree to clean loos and hug stray cats for free Wi-Fi

Service provider liability

Published on 25 Sep 2017.

EU proposal provides clarity on incoming requirements for digital service providers

Government publishes the Data Protection Bill

Published on 25 Sep 2017.

The UK government published the Data Protection Bill (Bill) on 14 September 2017. The Bill will replace the Data Protection Act 1998 (DPA) and transfer the General Data Protection Regulation (GDPR) into domestic law (with a few derogations, as discussed below). Post-Brexit, the Bill will continue to regulate data protection in the UK.

Effective assignment and notice

Published on 25 Sep 2017.

General Nutrition Investment Company v Holland and Barrett International Ltd and another [2017] EWHC 746 (Ch)

GB Building Solutions Ltd (in administration) v SFS Fire Services Ltd (t/a Central Fire Protection) 2017 EWHC 1289

Published on 25 Sep 2017.

When using defined terms in a contract, how careful do you need to be in their consistent application?

Unfair Contract Terms Act

Published on 25 Sep 2017.

African Export-Import Bank v Shebah Exploration & Production Company Ltd

Exclusion clauses

Published on 25 Sep 2017.

Excluding liability for negligence was reasonable – Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC)

Supreme Court decision on conflicting contractual standards – MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59

Published on 25 Sep 2017.

How will the Court resolve conflicting contractual standards, e.g. between general obligations and specified international standards?

Contractual discretion

Published on 25 Sep 2017.

Rationality in exercise of discretion – Watson and others v Watchfinder.co.uk Limited [2017] EWHC 1275

Unclear limitation clauses

Published on 25 Sep 2017.

Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWHC 2197 (TCC)

MiFID II & Inducements

Published on 21 Sep 2017. By Matthew Watson, Senior Associate

FCA MiFiD Inducements Consultation Paper

Simon Laird takes seat on instech advisory board

Published on 21 Sep 2017. By Simon Laird, Global Head of Insurance

RPC's Head of Insurance joins conversation at the heart of InsurTech

Landmark ruling on end of life care

Published on 21 Sep 2017.

Huntington's patient: Court rules Court application no longer necessary in end of life care where patient's family and doctors are in agreement

The costs of surrogacy: a valid and separate head of claim

Published on 20 Sep 2017. By Emma Kislingbury, Senior Associate

A claimant has been awarded £74,000 for the costs of a surrogacy arrangement, following a hospital's delay in diagnosing cervical cancer.

Gekko – HMRC's unreasonable conduct leads to costs award against it

Published on 19 Sep 2017.

In Gekko & Company Ltd [2017] UKFTT 586 (TC), the First-tier Tribunal (FTT), in allowing an appeal against assessments to VAT and penalties, awarded the taxpayer its costs as HMRC's conduct had been unreasonable.

RPC named as Rising Law Firm of the Year in Hong Kong

Published on 18 Sep 2017. By David Smyth, Senior Consultant

Professional services firm RPC has won a top award after being handed the title of Rising Law Firm of the Year at the 2017 Asian Legal Business Awards.

Swansea City player Bony keeps former agents in play

Published on 14 Sep 2017. By Joshua Charalambous, Partner

In a dispute with his agents over secret commissions, Swansea City striker Wilfried Bony has succeeded in opposing a stay in English Court proceedings, which would have been implemented had the Court found he had agreed to arbitrate. The decision is an important reminder that national courts will have jurisdiction to hear a claim if the parties have not agreed (expressly or impliedly) to resolve the dispute using arbitration.

Thathiah: HMRC unsuccessful in first senior accounting officer penalty appeal

Published on 13 Sep 2017. By Michelle Sloane, Partner

In Kreeson Thathiah v HMRC [2017] UKFTT 0601 (TC), the First-tier Tribunal (FTT) allowed an appeal against penalties which had been assessed on the finance director of a group of companies under the Senior Accounting Officer (SAO) regime, contained in Schedule 46, Finance Act 2009 (FA 2009), as HMRC had failed to establish that he had breached his duty as a SAO.

Over the Insured's Dead Body

Published on 13 Sep 2017.

One year on from the entry into force of the Third Parties (Rights Against Insurers) Act 2010 and the fun and games are just getting started.

Seriously limiting serious harm

Published on 12 Sep 2017.

Seriously limiting serious harm

Retail sales are bright as summer comes to a close

Published on 12 Sep 2017.

Introducing our new commercial law briefings for retailers

Published on 11 Sep 2017.

Introducing our new commercial law briefings for retailers

Settlement considerations following the Rangers decision

Published on 08 Sep 2017.

Following the Supreme Court’s recent judgment in the Rangers case, many employers who had established employee benefit trusts (EBTs) are facing enforcement notices in respect of income tax and National Insurance contributions.

Hickey Plant Hire - Taxpayer successfully challenges HMRC's narrow reading of penalty rules

Published on 07 Sep 2017. By Robert Waterson, Partner

In M J Hickey Plant Hire and Contracts Ltd v HMRC [2017] UKUT 308 (TCC), the Upper Tribunal (UT) allowed the taxpayer's appeal and in a carefully considered judgment sets out the correct approach to the penalty rules applicable to 'normal' and 'delayed tax' cases, contained in Schedule 24, Finance Act 2007 (FA 2007).

Tax update, September 2017

Published on 07 Sep 2017.

In this month’s update we report on HMRC’s new guidance on asset-based penalties for offshore inaccuracies; the GAAR Advisory Panel’s first published opinion on tax planning involving gold bullion and Spotlight 39 on measures designed to avoid the 2019 EBT loan charge.

Corporate tax update, second quarter 2017

Published on 05 Sep 2017.

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly.

RPC hires former Hedge Fund COO and General Counsel to expand growing Funds team

Published on 04 Sep 2017.

City-headquartered professional services firm RPC has hired James Kaufmann as a Legal Director in its Funds team.

Special relationship

Published on 04 Sep 2017. By David Wallis, Partner and James Mee, Partner

David Wallis and Peter Sugden outline what commercial teams need to know about US/UK deals.

Vigne - HMRC lose business property relief case

Published on 04 Sep 2017. By Alexis Armitage, Senior Associate

In The Estate of Maureen W Vigne (deceased) v HMRC [2017] UKFTT 632 (TC), the First-tier Tribunal (FTT) has determined that the estate of the late Maureen Vigne was entitled to business property relief (BPR), as provided for in section 105, Inheritance Tax Act 1984 (IHTA).

Beer trade marks rise by 19% in a year as more capitalise on the craft beer revolution

Published on 04 Sep 2017.

Trade mark registrations for beer brands rise by 104% to highest level since 2007

Ransomware now 25% of cyber-attacks as hackers target UK businesses

Published on 04 Sep 2017.

Ransomware is now the most likely cyber-threat to UK businesses, with a quarter of all major cyber-attacks involving an attempt to make businesses pay a ransom to get their data back

Welcoming new red tape

Published on 01 Sep 2017.

The Medical Devices Regulation 2017 is good news for insurers in the life sciences sector. More data on safety and performance will be collected on products before they get to the market

A level playing Field?

Published on 31 Aug 2017. By David Allinson, Partner

Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?

A level playing Field?

Published on 31 Aug 2017. By David Allinson, Partner

Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?

The Mayor of London's Affordable Housing SPG: 10 things you need to know (part 2)

Published on 30 Aug 2017.

This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.

Amazon and the $200billion Internet Economy in South East Asia

Published on 30 Aug 2017. By Sophie Tuson, Senior Associate

Amazon's launch in Singapore last month marks the internet giant's official entry into South East Asia. Sophie Tuson explores why the region, and Singapore in particular, provides such fertile ground for e-commerce businesses in search of growth.

VAT update August 2017

Published on 30 Aug 2017. By Adam Craggs, Partner

In this month’s update we report on updated guidance from HMRC on distance selling, the EU (Withdrawal Bill) and the revised place of supply rules for B2C telecommunications.

SIPP complaints to FOS still on the up

Published on 30 Aug 2017. By Rachel Ford, Senior Associate

Complaints to the FOS about SIPPs continue to rise, having sky rocketed in the first quarter of 2017.