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Snapshot

Memorandum of Understanding on online advertising and intellectual property to continue

21 January 2020

What steps is the advertising industry taking to minimise the placement of advertising on IPR- infringing websites?

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Snapshot

ASA seeks injunction for email sent to wrong recipient

21 January 2020

ASA v Robert Neil Whyte Mitchell

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Snapshot

New statutory redemption period for Irish gift vouchers

21 January 2020

Irish Consumer Protection (Gift Vouchers) Act 2019

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Snapshot

Major finance, retail and media companies targeted in Irish “cookie” sweep

21 January 2020

How does the Irish Data Protection Commission (DPC) monitor whether websites are compliant with data protection law?

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Snapshot

ICO guidance on the use of cookies and similar technologies

21 January 2020

Can implied consent be relied on for the use of cookies? Or, in the words of the ICO’s blog, “what does ‘good’ look like?”

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Snapshot

CJEU rules out opt out consent for cookies

21 January 2020

Planet49 GmbH v Bundesverban der Vebraucherzentralen

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Snapshot

Striking the balance between the RTBF and substantial public interest

21 January 2020

GC, AF, BH, ED v CNIL Case C-136/17 GC, AF, BH, ED v Commission nationale de l’informatique et des libertés (CNIL)

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Snapshot

CJEU rules on the territorial scope of the “right to be forgotten”

21 January 2020

Google LLC v Commission Nationale de l'informatique et des Libertés (CNIL)

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Snapshot

ICO revises guidance on timescales for responding to subject access requests

21 January 2020

How long does an organisation have to reply to a data subject access request (DSAR)?

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Snapshot

ICO draft Data Sharing Code of Practice

21 January 2020

What changes does the Information Commissioner’s Office (ICO) plan to make to the Data Sharing Code of Practice?

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Snapshot

Lawfulness of automated facial recognition

21 January 2020

R (Edward Bridges) v the Chief Constable of South Wales [2019] EWHC 2341 (Admin)

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Blog

New year's (tax) resolutions

Published on 21 January 2020. By Ben Roberts, Partner

It's that time of year when people are abiding by, (re)assessing and / or breaking their new year's resolutions. It's no different in the world of tax.

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Snapshot

Liverpool FC fail to register “LIVERPOOL” trade mark alone

21 January 2020

What should businesses consider when attempting to register a place name as a trade mark?

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Snapshot

Electronic signatures

21 January 2020

Neocloeous v Rees [2019] EWHC 2462 (Ch)

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Snapshot

Cryptoassets and smart contracts: UK Jurisdiction Taskforce publishes legal statement

21 January 2020

What legal status do cryptoassets have under English law? Are smart contracts legally valid and enforceable under English law?

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Snapshot

Implied duty of good faith in relational agreements

21 January 2020

UTB v Sheffield United

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Snapshot

Implied duty of good faith clarified (High Court)

21 January 2020

New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm)

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Publication

Retail Compass Winter edition 2020

20 January 2020

Welcome to the Winter 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.

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Blog

Bossing the rules: Your obligations to report concerns

Published on 20 January 2020. By Michelle Dean, Senior Associate and Graham Reid, Legal Director, Professional Regulation

Our lawyers' liability and regulatory team continue their series demystifying the SRA's new Standards and Regulations in this article looking at solicitors' revised reporting obligations under #StaRs Rules 7.7 and 7.8.

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Press and Media

RPC advises Comhar Capital on minority stake in The Lakes Distillery for £4.25m

17 January 2020

RPC advised Comhar Capital on the £4.25 million investment in The Lakes Distillery, a Cumbrian-based whisky distiller.

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Blog

Freezing orders: when will past conduct show a real risk of dissipation?

Published on 16 January 2020. By Jonathan Cary, Partner and Emily Fischer, Associate (Australian Qualified)

In Lakatamia Shipping Company Limited v Morimoto, the Court of Appeal overturned a decision to discharge a worldwide freezing order. This case provides helpful guidance as to when a respondent's prior conduct may support a finding that a real risk of dissipation exists. WFO; Dissipation; Su.

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Publication

Sports Ticker #4

Published on 16 January 2020. By Jeremy Drew, Partner and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

Welcome to the fourth edition of the RPC Sports Ticker - providing fortnightly bite-size updates from the sports industry.

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Press and Media

RPC hires business restructuring partner to bolster restructuring and insolvency capabilities

16 January 2020

City-headquartered law firm RPC has hired business restructuring partner Finella Fogarty to work across its disputes, commercial and corporate practice. She joins from DWF, where she was head of the firm's Business Restructuring practice, becoming partner in 2014 after joining from DLA Piper.

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Publication

Regulatory update - January 2020

15 January 2020

Welcome to the January edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

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Blog

Taylor Pearson – input tax on fees incurred in implementing a tax scheme

15 January 2020

In Taylor Pearson (Construction) Limited v HMRC [2019] UKFTT 691 (TC), the First-tier Tribunal (FTT) has held that input tax on fees incurred in implementing a tax scheme, intended to remunerate directors in a tax efficient manner, was deductible.

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Blog

BrewBlog: Sober ad campaign leaves brewery with an unwanted hangover.

Published on 14 January 2020. By Stuart Harris, Associate and Josh Tonks, Paralegal

In response to complaints about an advertisement published by BrewDog Plc the ASA found that the advertisement had breached CAP code (Edition 12) rules 1.3 (Social responsibility) and 4.1 (Harm and offence) and ordered BrewDog not to run the ad again.

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Blog

BrewBlog: Sober ad campaign leaves brewery with an unwanted hangover.

Published on 14 January 2020. By Stuart Harris, Associate and Josh Tonks, Paralegal

In response to complaints about an advertisement published by BrewDog Plc the ASA found that the advertisement had breached CAP code (Edition 12) rules 1.3 (Social responsibility) and 4.1 (Harm and offence) and ordered BrewDog not to run the ad again.

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Blog

A new issue for SIPP providers?

Published on 14 January 2020. By Ashley Daniells, Associate and Rachael Healey, Partner

Self invested personal pension providers are facing a new type of complaint brought in relation to investments made via investment managers – is this a potential area of risk for SIPPs or is this taking their obligations one step too far?

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Blog

Part 36 – Stick, Twist…. or Stay?

Published on 13 January 2020. By James Ainsworth, Associate and Will Sefton, Partner

The case of Allen Campbell v Ministry of Defence [2019] EWHC 2121 (QB) provides useful guidance on the appropriate way to respond to a Part 36 offer when you are unsure of the value of the claim (and therefore the merits of the offer), in order to avoid the costs consequences of late acceptance.

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Publication

The art of regulation: anti-money laundering compliance hits the art market

Published on 10 January 2020. By Davina Given, Partner and Sam Tate, Partner

From today, art businesses will be subject to regulation aimed at cleaning up money laundering in the art world.

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Blog

Guaranteed to fail? Oral funding arrangements may be enforceable

Published on 09 January 2020. By Geraldine Elliott, Partner and James Taylor, Associate

Funding arrangements should be in writing, or at least impose a primary obligation on the funder to pay. So said the Court of Appeal in exploring whether an oral arrangement to fund a litigant was an unenforceable guarantee or an enforceable agreement to pay in any event (Deepak Abbhi -and- Richard John Slade (t/a Richard Slade and Company)

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Blog

The risks of peer to peer lending

Published on 09 January 2020. By Ben Goodier, Partner and Katharine Cusack, Senior Associate

Insurers are on the watch for a potential increase in claims arising in 2020 from peer to peer lending.

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Blog

FCA sees SM&CR as catalyst and opportunity to transform culture in financial services

Published on 09 January 2020. By Lauren Murphy, Associate and Jonathan Charwat, Senior Associate

Its recent 'Dear CEO' letter, the FCA sets out its expectations on firms and Senior Managers in tackling non-financial misconduct. For some time the FCA has emphasised the importance of culture at firms causing financial conduct issues. In this recent letter, the FCA makes clear that non-financial misconduct will be a key focus for its supervision of firms and senior managers.

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Publication

Annual Insurance Review 2020

Published on 08 January 2020. By Simon Laird, Global Head of Insurance and Robert Morris, Partner

Hello and welcome to the 2020 edition of RPC’s annual insurance review. Here you will find updates from our experts across a whole range of business classes as well as from around the world. In the articles that follow you will be able to read our take on key issues that have impacted your market in the year gone – and our thoughts on the issues likely to affect you in the year to come.

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Press and Media

Six major global trends in insurance in 2020: RPC’s Annual Insurance Review

08 January 2020

The fallout from protests such as Extinction Rebellion and the increasing popularity of ‘telemedicine’ – medicine over the internet – are just two of the major trends that are set to impact insurers in 2020, according to RPC, the City-headquartered law firm.

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Blog

Tread Bentley when expanding your product offering

Published on 08 January 2020. By Dani Barnes, Associate and Georgia Davis, Legal Director

The High Court held that luxury car manufacturer Bentley Motors infringed BENTLEY clothing firm's trade marks.

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Publication

Marine and shipping

Published on 08 January 2020. By William Jones, Senior Associate and Toby Savage, Partner

In this chapter of our Annual Insurance Review 2020, we look at the main developments in 2019 and expected issues in 2020 for marine and shipping.

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Blog

Higgins – for the purposes of PPR relief "period of ownership" starts on completion

Published on 08 January 2020. By Michelle Sloane, Partner

In Desmond Higgins v HMRC [2019] EWCA Civ 1869, the Court of Appeal has held that the date of acquisition of an off-plan property for the purposes of principal private residence relief (PPR) was the date of completion and not the date of exchange of contracts.

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Blog

Equitable Life – High Court approves Part VII transfer, and distinguishes Prudential/Rothesay

Published on 06 January 2020. By Neil Brown, Partner

The High Court has approved a large Part VII transfer by Equitable Life of life assurance and pensions policies, and has easily distinguished the decision in Prudential/Rothesay.

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Press and Media

48% rise in the value of fines issued to audit firms by the FRC – nearly £25m in 2019

02 January 2020

There has been a 48% increase in the value of fines issued by the Financial Reporting Council (FRC) to audit firms in 2019. Fines issued to auditors have risen to £24.9m in 2019 (year to December 31) from £16.8m in 2018*, says RPC, the City-headquartered law firm.

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Blog

Bossing the Rules: StaRs Rule 1.4: “you do not mislead anyone”

Published on 23 December 2019. By Graham Reid, Legal Director, Professional Regulation and Aimee Talbot, Senior Associate

The Solicitors’ Practice Rules 1990 (“SPR”) did not contain any express prohibition on misleading anyone; although, depending on the circumstances, such conduct was likely to have contravened the basic principles. Like today’s principles, these required solicitors not to do anything in the course of practising as a solicitor (or permit anyone to do anything on their behalf) which compromises or impairs (or is likely to compromise or impair) the good repute of the solicitor or the profession or the solicitor’s duty to the court.

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Blog

A litigator's quiz: Fourth candle of Advent

Published on 23 December 2019. By Davina Given, Partner

The UK Supreme Court, and Lady Hale's brooch, hit the headlines this year with a landmark constitutional decision on the prorogation of Parliament. Outside that context, however, the Supreme Court has been busy. In this fourth and final part of our Advent quiz, test your knowledge of the key commercial decisions of 2019 and the decisions to look out for in 2020.

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Blog

Unpacking Christmas Ads: A British Retailer's Christmas Miracle?

Published on 20 December 2019. By Lucy Baughan, Trainee Solicitor

This blog discusses what makes Christmas ads "successful" both through the eyes of the public at large and from the perspective of the British retailers themselves. In some cases, popular Christmas ads lead to an increase in sales over the festive period. However, as some retailers have experienced, festive ads are not always a retailer's Christmas miracle and come with their own limitations.

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Press and Media

Worrying decline in use of HMRC mediation to settle tax disputes

20 December 2019

HMRC figures show a worrying decline in use of mediation to settle tax disputes in the past year, with the number of cases entering mediation falling 25% from 553 in 2017/18 to just 417 in 2018/19*, says City-headquartered law firm RPC.

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Blog

Open justice versus confidentiality - which wins?

Published on 19 December 2019. By Simon Hart, Partner and Emma West, Senior Associate

Court proceedings can expose the most sensitive details of an individual's personal and financial affairs. However, the principle of open justice requires that the public is given sufficient information about proceedings so that they can understand and scrutinise the decisions courts make.

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Blog

Oral contract does not prevent agent from being paid in circumstances not catered for in contract

Published on 19 December 2019. By Tim Brown, Partner and Rosy Gibson, Associate

In a recent case, the Court of Appeal held that an oral contract for a specified introduction fee payable to an agent if a property sold at a particular price did not prevent the agent from being remunerated when that property was sold for a lesser sum (despite the contract being silent on the matter). Philip Barton v Timothy Gwyn-Jones [2019] EWCA Civ 1999. However, the sum awarded by the court was significantly lower than the introduction fee specified in the contract.

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Blog

Disciplinary investigations against architects #1 - the process

Published on 19 December 2019. By Ben Goodier, Partner and Sarah O'Callaghan, Associate and Emma Wherry, Senior Associate

In this series of articles, we explain the procedure for disciplinary investigations against architects. This article gives an overview of the process. The remaining articles will examine each stage of the process and highlight the dos and don'ts for architects unfortunate enough to be the subject of investigations. In essence, there are 4 stages.

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Publication

Spotlight on private wealth - December 2019

19 December 2019

Our quarterly update is designed to keep you up to speed with developments in disputes, and how you can avoid them, in the private client world.

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