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Clear failure required: High Court refuses directions under s 18 of the Arbitration Act 1996 where procedure for appointing arbitrator had not failed
The recent judgment of the English High Court in Global Aerospares Limited v Airest AS [2023] EWHC 1430 (Comm) demonstrates that the court will not issue directions under section 18 of the Arbitration Act 1996 (AA 1996), until it is satisfied that the procedure for appointing an arbitrator has indeed failed. The court dismissed a claim for directions under section 18 which is described as a "gateway provision", providing a way of getting an arbitration started or preventing its abortion where there is a failure in the parties' agreed appointment process. It gives the court powers as to the arbitrator appointments, including the power "to give directions as to the making of any necessary appointments" and "to direct that the tribunal shall be constituted by such appointments … as have been made".
Read moreLocal authorities install 8,000 new EV chargers in past year – up just 7%
Poor investment at a local and governmental level will require private investment to achieve government targets 300,000 new public chargers needed before the end of the decade
Read moreThe Week That Was - 28 July 2023
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreMoney Covered: The Week that Was - 28 July
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreRPC Bites #56 - HFSS delays, Percy Pig's legal pursuits and Getir fails to deliver on promotion…
Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!
Read moreSports Ticker: Commonwealth Games thrown into doubt, Al-Hilal bid for Mbappe and Pepsi partners with EA Sports FC – a speed-read of commercial updates from the sports world
In a fortnight which saw the FIFA Women's World Cup kick off, Ben Harman cruise to victory in The Open and England's attempted comeback in the Men's Ashes fall painfully short, we bring you updates on the uncertainty surrounding the Commonwealth Games and the world record bid for Mbappe. We also feature stories on a mooted women's Champions League in cricket and a new partnership between Pepsi and EA Sports FC.
Read moreV@ update - July 2023
Welcome to the July 2023 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreLawyers Covered - July 2023
Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.
Read moreCoA paves the way for the responsible developer
Our team explore a recent judgment that touches on crucial factors for developers and construction professionals when dealing with remedying defects in buildings.
Read moreThe Work Couch: Fertility challenges and work (Part 2): How to support your people
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreWhen determining whether there are 'special circumstances' account can be taken of early payments and voluntary disclosure by the taxpayer
HMRC can take account of early payments, voluntary disclosure and proportionality when considering whether 'special circumstances' exist justifying the reduction of tax-geared penalties for late filing of a tax return.
Read moreTHE RISE OF THE DE-INFLUENCER: What does this mean for brands?
Over the past decade, advertisers have increasingly capitalised on the 'influence' of influencers to help shape and create consumer demand for their products and services. In turn, influencers are able to monetise their social media content and connections with brands, creating a symbiotic relationship between the two.
Read moreA narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)
When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.
Read more'Climate change is bringing the potential for new risks not previously accounted for'
Following news of wildfires sweeping through Rhodes, Corfu and southern Europe, Partner Lucy Dyson and Partner Toby Savage, both in the international property and casualty team at international law firm RPC, warn of the increasing risk of wildfire in the UK:
Read moreUK retail M&A deals increase 23% in the last year, a five-year high
Number of deals rose from 31 in 2021/22 to 38 for 2022/23
Read moreThe Week That Was - 21 July 2023
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreTake 10 - 20 July 2023
Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.
Read moreRegulatory Radar 2023
Hello and welcome to the 2023 edition of RPC’s bi-annual Regulatory Radar – a guide to the key regulatory changes worth having on your radar. We hope this will be a useful resource, helping you scan the regulatory horizon and highlight changes that could impact your business.
Read moreConfidentiality of arbitration proceedings may not always be protected - The Republic of India v Deutsche Telkom AG [2023] SGCA(I) 4
In general, arbitration proceedings are confidential. Arbitration-related cases which end up in the courts often are reported only after the names of parties have been anonymised, and it is quite common for a sealing order to be issued on the court file, so as to preserve the confidential nature of the arbitration.
Read moreListing reforms in the UK: to market, to market?
The Financial Conduct Authority is proposing wide ranging reforms to the UK's Listings Rules to entice more high growth companies to list in London
Read moreScots law decision confirms that privilege doesn’t change its spots
The Scots law judgment in University of Dundee v Chakraborty [2023] CSIH 22 has reiterated that whether or not a document is protected by legal professional privilege is determined at the point in time at which the document is created. A non-privileged document cannot later acquire privileged status. The judgment also made certain findings about waiver of privilege which may be more controversial, particularly in the context of regulatory investigations.
Read moreStrictly need to know: High Court provides further guidance on confidential embargoed draft judgments
In a judgment that has recently become available, the English High Court has once again warned parties and their legal representatives of the importance of ensuring that the embargo on sharing confidential draft judgments is not breached, a consistent message with a growing body of case law on this subject. The judgment or its outcome should only be shared with those who need to see the draft judgment or be informed of its contents before the judgment is handed down. If in doubt, parties should seek the court's permission before distributing, or risk being held in contempt of court (R (on the application of Kinsey) v London Borough of Lewisham [2022] EWHC 2723) (1).
Read moreFinsbury Food v AXIS: what are the key takeaways for warranty and indemnity insurers and policyholders?
The Commercial Court recently handed down its judgment in the case of Finsbury Food Group Plc v AXIS Corporate Capital UK Ltd & Ors [2023] EWHC 1559 (Comm). This is the first time the court has considered a claim under a W&I insurance policy, and provides a helpful example of how key concepts, such as material adverse change and valuation, are considered by the court.
Read moreFertility challenges and work (Part 1): A partner's perspective
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreLegislation extending time limits for assessing unpaid offshore tax did not prevent the requirement to correct rules from applying to determine the time limit for making a discovery assessment
Tribunal confirms that legislation extending time limits for assessing unpaid offshore tax did not prevent the requirement to correct rules from applying to determine the time limit for HMRC to make a discovery assessment.
Read moreLifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges
On 4 July 2023, RPC partnered with the British Retail Consortium (BRC) to host the conference 'Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges'.
Read moreContext is everything – key takeaways on green claims from the CMA's recent consumer law conference
On 28 June 2023, the Competition and Markets Authority (CMA) held a highly anticipated conference on consumer law and enforcement. RPC's Senior Partner Oliver Bray was invited to speak on green claims alongside a stellar panel comprising Anna Jewitt (CMA), Justine Grimley (Advertising Standards Authority (ASA)), Tim Rowe (Financial Conduct Authority), and Rupert Earle (Bates Wells).
Read moreThe power of language when talking about tax with Kirstie Skates
Have you ever wondered about the language we use when we talk about tax? And does that language influence or betray how we feel about tax as individuals or as a society? It turns out it is a hot topic of discussion.
Read moreRPC strengthens Singapore corporate practice with the appointment of M&A Partner Kenneth Leong
International law firm RPC announced today that experienced M&A lawyer, Kenneth Leong joins the firm as Partner to bolster and lead its corporate team in Singapore, expanding the firm's internationally recognised corporate practice. He joins with a team of Associates.
Read moreThe Week That Was - 14 July 2023
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read morePLC QTRLY - Q2 2023
This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.
Read moreRegulatory update - July 2023
Welcome to the July edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators to help you navigate the regulatory maze.
Read more4 Questions For The Digital Age (With James Platt)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by James Platt, former Global Chief Operating Officer and Chief Digital Officer and now an Advisor at Aon. They will be discussing the 4 questions every organisation should be able to answer before considering changing and deploying digital technology.
Read moreSports Ticker: F1 Alpine secures funding and sports tech VC investment shows signs of a bounceback – a speed-read of commercial updates from the sports world
In a fortnight which saw the men's England U21s football team triumph in the Euros and the start of Wimbledon, we bring you updates on Caster Semenya's victory in the European Court of Human Rights, and investments in F1 and the sports tech sector. We also feature stories on a record-breaking start to the Women's Ashes and the Tour de France starting to incorporate ChatGPT.
Read moreThe El Niño year and impact on subsidence claims
Insurers should be bracing for a wave of subsidence claims arising from the increasingly warm weather. The UN’s World Meteorological Organization (WMO) has declared that an El Niño climate event is in progress, which helps explain why June 2023 was the hottest on record in the UK.
Read moreProperty Digital Rights – A New Revenue Stream in a Digital World
Advances in technology are opening up exciting new frontiers for property owners and managers. Almost two billion people globally use augmented reality (AR) on their mobile phones and nearly 400 million engage in a virtual metaverse reality.
Read moreThe Work Couch: Business protection (Part 2): Supporting and retaining senior talent
Read moreRPC Insurtech in brief - July 2023
Welcome to the July 2023 edition of Insurtech in Brief - a selection of the latest insurtech news and developments from across the globe.
Read moreEnhanced Regulatory Supervision of Asset Managers in Europe – Greenwashing Risks
A common methodology has been developed by ESMA to allow national European regulators to share knowledge and experiences to facilitate convergence in how they supervise sustainability related disclosures.
Read moreJudicial Review in the Tax Sphere: Does the Court of Appeal's decision in Murphy offer taxpayers a glimmer of hope?
Allowing the taxpayers' appeal, the Court of Appeal overturned the High Court's refusal of the taxpayers' judicial review claim, finding that HMRC had breached the taxpayers' legitimate expectation in respect of the application of an extra statutory concession.
Read moreRPC announces qualifying trainee retention rate for September 2023
International law firm RPC will retain 69 per cent of its UK trainees who are due to qualify in September 2023, after 11 of its original cohort of 16 were offered and accepted positions.
Read moreRise with RPC: Summer Social Quiz
Welcoming all early to mid-career professionals across the insurance market, we invite you to join us for Rise with RPC's first Summer Social.
Read moreGeneral Damages Uplift: Beware
A recent decision in Coventry Combined County Court will have far -reaching impact on the valuation of all personal injury claims. The decision of Recorder Jack gives the green light for Claimants to seek higher general damages awards. In clinical negligence claims, where general damages can already be as high as £400,000, this will have significant implications for Defendants and their insurers.
Read moreCyber extortion jumps 39% in a year
3,200 reports made to Action Fraud in 2022, up from 2,300 Social media and email hacking reports increased 8%, from 13,500 to 14,600 Malware, server and phone hacking reports decreased in the same period
Read moreThe Week That Was - 7 July 2023
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreMoney Covered: The Week that Was - 07 July
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreSnapshots Summer 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreTake 10 - 06 July 2023
Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.
Read more