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ICO guidance on consent under the GDPR – the latest

Published on 12 Jun 2017.

The Information Commissioner’s Offce (ICO) ran a consultation on the draft guidance on consent under the General Data Protection Regulation (GDPR) this springtime.

Cloud: EBA encourages banks to pool their resources for cloud audits

Published on 12 Jun 2017.

The European Banking Authority (EBA) has made clear that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

Responsibility of a parent company for the acts of its subsidiary

Published on 12 Jun 2017.

The Court provided helpful analysis of the circumstances in which a parent company owes a duty of care with regard to operations carried out by its subsidiary. The case is interesting to examine in the context of the readiness of the English courts to hear claims relating to conduct outside of the jurisdiction brought by foreign claimants.

Online platforms and consumers

Published on 12 Jun 2017.

EU Commission requires social media companies to comply with consumer rules

Contract rectification is the last resort – The Council of the Borough of Milton Keynes v Viridor (Community Recycling MK) Ltd (No.2) [2017]

Published on 12 Jun 2017.

What is the court’s approach to rectification of a mistaken contract?

Liability clauses Limiting liability McGee Group Ltd v Galliford Try Building Ltd 2017 EWHC 87 TCC

Published on 12 Jun 2017. By Oliver Bray, Senior Partner

How do the courts interpret limitation clauses?

Reasonable endeavours? – Astor management AG v Atalaya Mining plc [2017] EWHC 425 (Comm)

Published on 12 Jun 2017.

When is an “all reasonable endeavours” obligation unenforceable?

Contractual interpretation: Supreme Court decision on contractual interpretation – Wood v Capita Insurance Services Ltd [2017] UKSC 24

Published on 12 Jun 2017.

What is the current approach to contractual interpretation?

ASA: New CAP guidance on promotional T&Cs

Published on 12 Jun 2017.

How and when should promotion T&Cs be flagged to consumers?

Payment practices

Published on 12 Jun 2017.

Duty to report on payment practices and performance

Trademark infringement: Azumi Limited v Zuma's Choice Pet Products Ltd [2017] EWHC 609

Published on 12 Jun 2017.

Did the sale of pet food by reference to the "ZUMA" brand infringe the trade mark rights of a high end restaurant operating under the same brand?

Online platform B2B practices

Published on 12 Jun 2017.

European Commission set to legislate on trading practices of online platforms

Payment practices

Published on 12 Jun 2017.

Duty to report on payment practices and performance

The march of the SARs: Dawson-Damer v Taylor Wessing LLP [2017] EWCA Civ 74; and Ittihadieh v 5-11 Cheyne Gardens & Ors and Deer v Oxford University [2017] EWCA Civ 121

Published on 12 Jun 2017.

When can legal professional privilege (LPP) be used to block a subject access request (SAR)? And when can the “disproportionate effort” exemption be used to block a SAR?

ICO issues fines for emails seeking consent to marketing

Published on 12 Jun 2017. By Adam Forster, Senior Associate

The ICO has fined Flybe and Honda a total of £83,000 for emails sent to customers to obtain consent to future marketing messages.

Will robo-advice mean checkmate for human financial advisers?

Published on 09 Jun 2017. By George Smith, Partner

With continuing advances in artificial intelligence and the rise in 'robo-advisers', is financial advice following in the footsteps of chess, where computers have long since outstripped humans in ability? Are human financial advisers nearing checkmate or is the endgame still unclear?

Health and safety law update, June 2017

Published on 09 Jun 2017.

This issue includes details on The Sentencing Council publishing a new guideline for entering an early guilty plea, in addition to the most recent fines and sentences imposed on companies around the UK.

Tackling the Problem of Fake News

Published on 08 Jun 2017.

It is widely believed that fake news has had an impact on some of the most controversial recent political decisions.

Why the winner won't take it all in tomorrow's General Election

Published on 07 Jun 2017.

William Kark, RPC Trainee, considers the other key players - such as backbenchers, House of Lords, Gina Miller - in the General Election on 8 June 2017.

Lightning in a Bot-tle – political conversation in the age of automation

Published on 06 Jun 2017. By Jonathan Greenway, Senior Associate

Robots are responsible for one in eight tweets about the General Election.

Challenging Times - 5 Risks Following The Grant of Planning Permission

Published on 06 Jun 2017.

Developers and local authorities will be only too aware that third parties can challenge a grant of planning permission through the courts by way of a judicial review. An application for such a challenge is costly, and must be made quickly. Further, it can only be brought on limited grounds. Whilst this may offer a developer or local authority some comfort, it is worth being aware of some of the more common grounds of challenge so that steps can be taken to minimise the risk of these arising.

Number of FCA dawn raids remains subdued as crisis-era investigations wind down

Published on 05 Jun 2017.

The Financial Conduct Authority (FCA) has executed just seven dawn raids* in the last year as the regulator's crackdown against financial crisis era crime slowly winds down, says City headquartered law firm RPC.

Brexit means Brexit?

Published on 05 Jun 2017. By Emily Saffer, Associate

EBA encourages banks to pool their resources for cloud audits

Published on 02 Jun 2017. By Joseph Byrne, Senior Associate

The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

Exemption clauses have teeth ‒ negotiate contracts carefully

Published on 02 Jun 2017. By Ben Goodier, Partner

The Court of Appeal has recently provided guidance on the application of the contra preferentum rule.

Impact of the EU’s distribution regime remains unclear

Published on 02 Jun 2017. By Matthew Griffith, Partner

Intermediary market heading for change with Insurance Distribution Directive’s introduction

Rendall - Tribunal reduces penalties imposed for failure to file a partnership return to nil

Published on 01 Jun 2017.

In Rendall v HMRC [2017] UKFTT 356 (TC), the First-tier Tribunal (FTT) has reduced penalties imposed on partners for failure to file a partnership return on time to nil as the requisite information had already been disclosed to HMRC in the partners' personal self-assessment returns.

The Audio-Visual Media Services Directive

Published on 01 Jun 2017.

The proposed new AVMS Directive: key features and the impact of Brexit

Online platform liability: Global web companies seek EU clarity on liability for user content fake news

Published on 01 Jun 2017.

Global web companies seek EU clarity on liability for user content/fake news

Tax update, June 2017

Published on 31 May 2017. By Adam Craggs, Partner

In this update we report on the scope of the Criminal Finances Bill as it receives Royal Assent; HMRC guidance updates for businesses, individuals and agents on how to make disclosures of unpaid tax; and HMRC’s further consultation on Making Tax Digital.

FCA review of suitability finds big is best

Published on 31 May 2017.

Bigger, restricted firms scored better in the FCA's suitability review and so supervisory focus will be on smaller firms as the FCA plans a follow up review in 2019.

Tager – Application to suspend penalties for failing to comply with information notices rejected

Published on 30 May 2017. By Alexis Armitage, Senior Associate

In HMRC v Romie Tager QC the Personal Representative of Osias Tager [2017] UKUT 161 (TCC), the Upper Tribunal (UT) refused an application that it should exercise its discretion under Rule 5(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (the Upper Tribunal Rules) and suspend the effect of its decision to impose tax-related penalties for failing to comply with information notices, pending an appeal to the Court of Appeal.

欧州Ｍ＆Ａ最前線 2017年５月

Published on 26 May 2017. By Nigel Collins, Partner, Head of Japan Desk

市場とメディアは間もなく実施される英総選挙やトランプ米大統領提訴の可能性、先のサイバー攻撃の話題で持ち切りだが、英国では交渉中のＭ＆Ａ（企業の買収・合併）案件数が増えており、投資継続への意欲も高いように見える。これらの交渉の多くが実現するかは、時が経って初めて分かるだろう。

A Simple Twist of ATE

Published on 25 May 2017.

This blog considers the pitfalls of over-reliance on ATE cover and suggested solutions.

Part VII transfers – through the FCA's microscope

Published on 24 May 2017. By Neil Brown, Partner

Draft FCA guidance sheds light on its approach to Part VII insurance business transfers and aims to reduce the time and cost required to undertake a transfer.

VAT update, May 2017

Published on 24 May 2017. By Adam Craggs, Partner

In this month’s update we report on HMRC’s revised guidance on holding companies’ input VAT recovery, prelaunch trials for the online tribunal appeals service and draft legislation effecting the removal of the “use and enjoyment” rule for the supplies of B2C telecommunication services.

Pre-loading the pre-app?

Published on 24 May 2017.

Discussion on the planning pre-app process considering cost and time considerations and the benefits and concerns of going through this initial advice process.

RPC steps in for Park Place Technologies on acquisition of Prestige

Published on 23 May 2017.

Deal is the second RPC has advised Park Place Technologies on in last 12 months

Customs and excise quarterly update, May 2017

Published on 23 May 2017. By Adam Craggs, Partner

In this update we report on the launch of the register of approved UK alcohol wholesalers, HMRC’s Customs Information Paper 5 (2017) (CIP 5), which clarifies the correct codes to use when sending free circulation goods to the special territories of the EU, and the new address for HMRC’s National Clearance Hub.

BCM – Tribunal grants taxpayers' application for closure notices

Published on 22 May 2017.

In BCM Cayman LP and others v HMRC [2017] UKFTT 0226 (TC), the First-tier Tribunal (FTT) directed HMRC to issue closure notices within specified time periods in respect of its enquiries into certain of the applicants' tax returns, pursuant to section 28B, Taxes Management Act 1970 (TMA) and paragraph 33, Schedule 18, Finance Act 1998 (FA 1998).

The 21st Century Silk Road – China's Belt & Road Initiative

Published on 18 May 2017.

China's "One Belt, One Road" has attracted widespread attention in Asia since 2013. But what is it about? What are the opportunities ahead? And what should foreign investors be aware of?

Court of Appeal overturns decision on confidentiality in Huntington’s case

Published on 17 May 2017. By Sian Morgan, Partner

The Court of Appeal ruled that clinicians treating a man with Huntington’s Disease (HD) may have owed a duty of care to disclose his condition to his daughter and that the case should be remitted for trial.

Wealth and trusts quarterly digest

Published on 17 May 2017. By Adam Craggs, Partner

Our quarterly digest provides up to date commentary and analysis on key sector developments from our tax, wealth and trusts teams.

You can't park there!

Published on 17 May 2017.

A summary of the May 2017 Court of Appeal decision in Khodari relating to whether parking permit restrictions can be secured in agreements made under s106 Town and Country Planning Act 1990.

ABL – Tribunal dismisses HMRC's application to vary direction staying related cases

Published on 16 May 2017. By Alexis Armitage, Senior Associate

In ABL (Holding) Ltd and Tanias Properties Ltd v HMRC [2017] UKFTT 220 (TC), the First-tier Tribunal (FTT) dismissed HMRC's application to vary the FTT's direction staying over 100 related cases until the determination of the lead appellants' appeals by the Upper Tribunal (UT).

Barton bets big and loses: sanctions, mitigation and next steps

Published on 15 May 2017. By Joshua Charalambous, Partner

What is the appropriate sanction for breaching the prohibition on betting on football matches, and what effect will mitigating factors have on the sanction?

RPC announces association with Giltspur focused on German banking sector

Published on 15 May 2017. By Simon Hart, Partner

City-headquartered law firm RPC will work with well-known corporate finance and advisory firm Giltspur Capital to offer advisory, investigatory and legal solutions to clients in the German banking sector.

Restrictive Covenants: Public Policy v Legal Obligations

Published on 12 May 2017.

A commentary on the recent case of Millgate Developments v Smith concerning the breach of a restrictive covenant.

Conveyancing liability

Published on 12 May 2017.

The perils of reports on title: Orientfield Holdings Limited v Bird & Bird

FCA examines blockchain technology in financial services in its new discussion paper

Published on 12 May 2017.

FCA discussion paper on distributed ledger technology and blockchain technology