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Perspective - Blog

Electronic Signatures – the future of executing documents?

Published on 03 Feb 2017.

You could be forgiven for failing to spot the release of The EU Regulation on Electronic Identification and Trust Services in the Internal Market (910/2014/EU) (the Regulation), released post EU referendum. We consider the impact of this and the Law Society's Guidance Note on electronic signatures (the Guidance Note).

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Press and Media

Number of M&A deals in retail sector drops by 23% in a year

Published on 01 Feb 2017.

Retail sector deals now at a three year low: Private Equity steps back hoping for lower prices

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Perspective - Publication

Tax update, February 2017

Published on 01 Feb 2017. By Adam Craggs, Partner

Non-domiciled tax reforms. Disguised remuneration. HMRC's proposals surrounding offshore structures.

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Perspective - Blog

Trainees Take on 2017: another year of surprises?

Published on 01 Feb 2017. By Chloe Johnston, Senior Associate

2016 was the year of news which no one could have guessed, so perhaps the RPC trainees have taken on the impossible with “predictions” for 2017! This year will see life-changing decisions made on both sides of the Atlantic come to a head: Trump was sworn in on 20 January and the UK will begin the process of untangling itself from the EU in March. These events, amongst others, will surely make for another rollercoaster of a year, so read on to see what else we think might happen over the next 12 months.

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Perspective - Blog

Tribunal allows tax deduction for motor racing sponsorship payments

Published on 01 Feb 2017. By Alexis Armitage, Senior Associate

In The Crown and Cushion Hotel (Chipping Norton) Ltd v HMRC [2016] UKFTT 765 (TC), the First-tier Tribunal (FTT) allowed the appeal of the appellant company against HMRC's disallowance of expenditure it had incurred in sponsoring a racing driver who was the daughter of its sole director. The FTT concluded that the payments were made "wholly and exclusively" for the purposes of the company's trade as required by section 54, Corporation Tax Act 2009 (CTA).

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Press and Media

Head of Insurance James Miller takes up Managing Partner role at RPC

Published on 30 Jan 2017.

Starts with immediate effect, inheriting leadership of RPC following five year organic 11.5% compound profit and revenue growth.

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Perspective - Publication

Corporate tax update, final quarter 2016

Published on 30 Jan 2017.

Welcome to the latest edition of our corporate tax update, written by members of RPC’s tax team and published quarterly. In this final 2016 edition we highlight some of the key tax developments of interest to UK corporates from the final quarter of 2016.

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Perspective - Blog

Going for Gold: A New Code for Sports Governance

Published on 30 Jan 2017. By Joshua Charalambous, Partner

Any sports body or organisation that wishes to rely on public funding must now comply with a new Code for Sports Governance, and it requires preparation now.

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Perspective - Publication

VAT update, January 2017

Published on 26 Jan 2017. By Adam Craggs, Partner

In this month’s update we report on new penalty legislation which the government intends to introduce for businesses participating in VAT fraud, HMRC’s consultation on VAT grouping and proposed new legislation to tackle the exploitation of VAT relief on adapted cars for wheelchair users.

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Perspective - Blog

Tribunal allows taxpayer's appeal against discovery assessment

Published on 24 Jan 2017.

In Paul Munford v HMRC [2017] UKFTT 019 (TC), the First-tier Tribunal (FTT) considered the validity of a discovery assessment which had been issued by HMRC pursuant to section 29, Taxes Management Act 1970 (TMA) and allowed the taxpayer's appeal on the basis that HMRC had not discharged the burden of proving, for the purposes of section 36(1A), TMA, that the taxpayer had deliberately brought about a loss of capital gains tax.

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Perspective - Publication

Investment funds, January 2017

Published on 19 Jan 2017.

Senior Manager’s Regime and its applicability to all regulated firms - The FCA is consulting on extending the Senior Managers and Certification Regime (SM&CR) to all regulated financial services firms in 2018, which will include many managers of investment funds.

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Perspective - Publication

TerraLex Cross-Border Copyright Guide 2017

Published on 19 Jan 2017.

We are delighted to present the TerraLex Cross-Border Guide to Copyright 2017.

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Perspective - Blog

Nvidia sweats over Hardware Labs' "threats"

Published on 19 Jan 2017. By Ciara Cullen, Partner

Nvidia’s attempt to bring a groundless threats action against Hardware Labs in the English High Court has failed.

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Perspective - Publication

General Liability update, January 2017

Published on 18 Jan 2017. By Gavin Reese, Partner

In this issue we consider how Insurers might secure the evidence needed to defend long-tail disease claims, with the collateral benefit of reducing the risk of more immediate prosecution by the Health and Safety Executive for non-compliance with Health and Safety Regulations.

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Perspective - Blog

Tribunal refuses to allow HMRC to rely upon section 114 TMA to cure its mistakes

Published on 18 Jan 2017. By Michelle Sloane, Partner

In Chartridge Developments Limited v Revenue and Customs Commissioners [2016] UKFTT 766, the First-tier Tribunal (FTT) allowed (in part) the taxpayer's appeal against penalties imposed for late filing of annual tax on enveloped dwellings (ATED) returns under section 161(3), Finance Act 2013, and refused to allow HMRC to rely upon section 114 Taxes Management Act 1970 (TMA).

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Press and Media

RPC advises Besso Insurance Group on its acquisition by global brokerage company BGC Group

Published on 17 Jan 2017.

RPC has advised Besso Insurance Group, the leading Lloyd’s of London broker, on its acquisition (subject to completion) by BGC Group.

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Perspective - Blog

Insurance Companies and the Modern Slavery Act

Published on 17 Jan 2017. By Jonathan Charwat, Senior Associate

As the new financial year is soon to arrive, companies will soon have to file their Slavery and Human Trafficking (SHT) statements. RPC has previously written about their general applicability and now will examine its impact on insurance companies.

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Perspective - Blog

Tribunal finds for the taxpayer in "income" versus "capital" payment dispute

Published on 11 Jan 2017. By Robert Waterson, Partner

In James Allan Thornton v HMRC [2016] UKFTT 767 (TC), the First-tier Tribunal (FTT) considered the distinction between income and capital payments in the context of a settlement relating to rental property and held that a settlement payment made to a landlord as compensation for dilapidations to his property was a capital receipt.

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Perspective - Blog

Sugar tax: a sweet deal?

Published on 10 Jan 2017. By George Barratt, Senior Associate

The government is trying to curb the nation's sweet tooth this new year, with plans to introduce a new levy on sugary drinks.

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Perspective - Publication

Annual Insurance Review 2017

Published on 09 Jan 2017. By Simon Laird, Global Head of Insurance

Last year we identified the standout insurance law event of 2015 as the impending introduction of the Insurance Act 2015. Little did we anticipate the tumultuous events of 2016 that would shake up the global economic markets as a whole.

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Perspective - Blog

Garden Villages - are they necessary?

Published on 09 Jan 2017.

A recent Government announcement has proposed 14 sites across England to be the first garden villages, with 3 further sites to be new garden towns. But with a country full of deserted and derelict buildings, are garden villages and towns the only way forward?

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Perspective - Blog

Post-Christmas blues

Published on 06 Jan 2017. By Jeremy Drew, Head of Commercial

On Wednesday 3 January Next issued a profit warning which triggered a dive in the retailer's share price and revived concerns that 2017 could be a challenging year for some high street retailers.

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Perspective - Publication

Draft Finance Bill 2017 - partial closure notices

Published on 06 Jan 2017. By Adam Craggs, Partner

Tax analysis: we welcome the new rules on partial closures of tax enquiries and point out that the inflexibility in the current enquiry framework can lead to complex or multi-issue tax disputes taking an excessive amount of time to be resolved.

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Perspective - Publication

Draft Finance Bill 2017—off-payroll working in the public sector

Published on 05 Jan 2017. By Michelle Sloane, Partner

Tax analysis: Adam Craggs, partner at RPC, and Michelle Sloane, senior associate at the firm, explain the reformed off-payroll rules for public sector engagements under the Finance Bill 2017.

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Perspective - Blog

Policing the internet - an age old problem

Published on 05 Jan 2017. By Joseph Byrne, Senior Associate

Porn, violence, gambling – how we deal with these taboos of the digital age is a big question, and one which the UK government has started to tackle.

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Perspective - Blog

Peer review: FCA signals tighter regulation for P2P lending platforms

Published on 03 Jan 2017. By Matthew Wood, Senior Associate

The FCA has indicated its intention to apply more stringent regulation to the UK's booming peer-to-peer lending sector, amid concerns that increasingly sophisticated lending platforms are outgrowing the current regulatory regime.

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Perspective - Blog

Upper Tribunal confirms that right to make VAT repayment claims belongs to representative member of VAT Group

Published on 03 Jan 2017. By Michelle Sloane, Partner

In HMRC v MG Rover Group Limited; Standard Chartered PLC v HMRC [2016] UKUT 434, the UT has confirmed that section 43, Value Added Tax Act 1994 (VATA) required repayment rights under section 80, VATA, to be held only by the representative member both before and after they have left the group or the group has been dissolved.

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Perspective - Blog

GMAC (UK) Plc – Court of Appeal finds VAT bad debt relief provisions incompatible with EU law

Published on 29 Dec 2016. By Michelle Sloane, Partner

In HMRC v GMAC (UK) Plc [2016] EWCA Civ 1015, the Court of Appeal has held that the UK's legislation, which barred bad debt relief claims unless the debtor was insolvent and the property in the goods had passed, was incompatible with EU law.

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Perspective - Publication

Court of Appeal applies Wellesley to a claim against lawyers

Published on 22 Dec 2016.

On 21 December 2016 Lord Justice Jackson and Lord Justice Patten overturned a loss of chance judgment for £2m against lawyers on the grounds that the damage was too remote.

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Perspective - Blog

Another meander through Three Rivers (No 5): the scope of legal advice privilege

Published on 22 Dec 2016. By Parham Kouchikali, Partner

The High Court rejected RBS' claim that interview notes taken by the bank and its external lawyers in the course of two internal investigations were privileged.

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Perspective - Blog

Filling gaps: Implied terms in contracts

Published on 22 Dec 2016.

The Court of Appeal has held that where a contract would, on its face, be unenforceable because the parties failed to agree an essential term, the missing term cannot be implied.

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Perspective - Blog

Trainees Take on 2016: A Year in Review

Published on 22 Dec 2016. By Sophie Tuson, Senior Associate

Placing a £10 bet on Donald Trump, Brexit and Leicester City winning the Premier League this year would have made you a millionaire… 30 times over.

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Perspective - Blog

Football agent scores a victory in loss of a chance case

Published on 21 Dec 2016. By Christopher Whitehouse, Senior Associate and Tom Hibbert, Global Head of Commercial Disputes

The Court of Appeal upheld the appeal of a licensed football agent who alleged Sports and Entertainment Media Group had induced a professional footballer to breach an agency contract with him, which had deprived him of the fee he would have earned.

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Perspective - Blog

Biffin - Court grants injunction preventing HMRC from enforcement action

Published on 21 Dec 2016.

In Biffin Limited and Others v HMRC [2016] EWHC 2926 (Admin), the High Court has granted the taxpayers an injunction prohibiting HMRC from commencing enforcement action in respect of alleged tax liabilities.

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Perspective - Blog

"It's privileged" – is not enough! High Court orders a full list of each document over which a claim to privilege is asserted

Published on 20 Dec 2016. By Alexis Armitage, Senior Associate and Davina Given, Partner

The High Court held that a defendant's claim to privilege in respect of communications between employees and in-house counsel went too far. It ordered the defendant to provide a full list of each document over which the defendant asserted a claim to privilege, together with an explanation of the nature of the privileged claimed.

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Perspective - Blog

The Twelve "Laws" of Christmas

Published on 20 Dec 2016. By Harriet Evans, Associate

With the festive season upon us, we take a look at twelve "laws" and determine their legality with a festive twist.

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Perspective - Publication

Health and safety law update, December 2016

Published on 19 Dec 2016.

Welcome to the December issue of our Health & Safety law update.

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Perspective - Blog

ECON scrutinises EBA's approach to RTS under PSD2

Published on 19 Dec 2016.

The EBA Chair has recently appeared before ECON to explain the EBA's approach to the development of RTS on strong customer authentication and secure communications under PSD2, and to answer concerns raised by the committee and others about these RTS.

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Perspective - Blog

Who is going to pay? FCA launches consultation on the funding of the FSCS

Published on 16 Dec 2016.

The FCA's consultation follows on from FAMR and focuses on how the FSCS should be funded going forward.

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Perspective - Publication

Life Sciences, December 2016

Published on 16 Dec 2016. By Dorothy Flower, Partner

Welcome to our final Life Sciences update of 2016. In this edition we cover Wilkes v DePuy (the recent judgment that deals with medical products liability and is a boost for defendants), the Brexit debate continued, fitness trackers making people unfit and insurers and manufacturers preparing for the outbreak of rare diseases.

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Perspective - Publication

Supreme Court considers the application of SAAMCo to claims against lawyers

Published on 15 Dec 2016. By Nick Bird, Partner

The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.

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Perspective - Blog

Court of Appeal confirms criminal offences cover the sale of "grey" goods

Published on 15 Dec 2016. By David Cran, Head of IP & Tech

The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).

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Perspective - Blog

Confidential information "oiled" progress of new product development

Published on 14 Dec 2016. By Louise Morgan, Senior Associate and David Cran, Head of IP & Tech

When is information confidential? A recent case gave cause for the English High Court to clarify.

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Perspective - Snapshot

Contract formation - Electronic signatures: New Law Society practice note

Published on 13 Dec 2016.

The Law Society has issued a new practice note on the “Execution of a document using an electronic signature”.

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Perspective - Snapshot

ASA/CAP - HFSS food and drink: New online ban in children's media

Published on 13 Dec 2016.

In May 2016, the Committee of Advertising Practice (CAP) published a consultation into food and soft drink advertising to children.

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Perspective - Snapshot

Consumer New - CMA campaign on unfair contract terms

Published on 13 Dec 2016.

Following an investigation into business attitudes towards unfair terms in consumer contracts, the CMA has published new practical guidance to assist compliance.

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Perspective - Snapshot

Consumer New - Pricing Practices Guide

Published on 13 Dec 2016.

The Chartered Trading Standards Institute (CTSI) has published new guidance which replaces the former version, being the Department for Business Innovation and Skills’ (BIS) Pricing Practices Guide 2010.

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Perspective - Snapshot

Nuisance calls

Published on 13 Dec 2016.

From Spring 2017, directors can each be fined up to £500,000 by the Information Commissioner's Office (ICO) if their firms are found to be in breach of the Privacy and Electronic Communications Regulations (the Regulations) by making nuisance calls.

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Perspective - Snapshot

Investigatory Powers Act: Royal assent

Published on 13 Dec 2016.

On 29 November 2016, the Queen gave royal assent to the Investigatory Powers Bill, marking the end of the controversial bill’s passage into law.

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Perspective - Snapshot

TalkTalk: how quickly must you notify a personal data breach?

Published on 13 Dec 2016.

How quickly must you notify the ICO following notification of a personal data breach? And what lessons can be learned from the tight timescales currently imposed on communications providers as all businesses head towards 72 hour data breach notification under the GDPR?

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