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What do you know about hyperlinking to infringing content online?
CJEU clarifies position on linking to infringing content - here's what you need to know
Read moreBig data in insurance: The FCA offers its view
Last week the FCA published a feedback statement on the use of big data in the retail general insurance sector. Its findings are likely to come as welcome news to insurers who are keen to exploit the advantages that big data can offer.
Read moreClaimant investors establish advisory duty against bank
In the most recent so-called 'mis-selling' case in Hong Kong, three claimant investors succeeded in establishing that a bank owed them a contractual duty to exercise reasonable care and skill with regard to their portfolio of investments held with the bank.
Read moreSelect Committee Inquiry into the impact of Solvency II
Last week, the House of Commons Treasury Select Committee announced on the parliament website that it is holding an inquiry into the new regime for insurance regulation under the Solvency II Directive (2009/138/EC).
Read moreBrexit - A brief update on investment funds
RPC facilitates conversations between a number of private equity fund sponsors and the BVCA
Read morePragmatism in the High Court: Correcting errors in arbitration
The High Court has held that the words "any errors of a similar nature" within r27.1 of the London Court of Arbitration Rules 1998 covered clarifying or removing ambiguity within an award by a tribunal.
Read moreRevisiting the Referendum
Never afraid to shy away from the most challenging of topics, in May of this year – with the EU Referendum vote looming – the blog’s Editorial Team decided to tackle Brexit head on.
Read moreCopyright test match
Copyright test match—High Court provides guidance on substantiality and fair dealing in relation to sports clips
Read moreHow ISP blocking orders provide a new and welcome form of redress against e-commerce counterfeiting
Ciara Cullen, Partner in IP and Technology, tackles the topic of counterfeiting online, how it's impacting sectors such as retail and pharmaceuticals, and the new remedy available to brand owners.
Read moreJaved And Azra Mughal - Tribunal considers the rules relevant to "hardship" applications
In Javed and Azra Mughal (Partnership) Trading as Dallas Chicken and Ribs v HMRC [2016] UKFTT 456 (TC), the First-tier Tribunal (FTT) has considered the extent of information necessary for a 'hardship' application.
Read moreRefusing to pay up? You'll need a good case
TCC enforces adjudicator's decision, finding no breach of natural justice or jurisdiction.
Read moreTribunal allows set-off of corporation tax loss against income tax profit
In English Holdings Ltd v HMRC [2016] UKFTT 0346 (TC), the First-tier Tribunal (FTT) allowed an appeal by a non-UK resident company against a decision of HMRC refusing its claim to offset losses arising in its UK permanent establishment (PE) against profits earned by its UK property rental business.
Read moreFAMR keeps on giving
The launch of a public consultation on the pension advice allowance at the end of August is another product of the Financial Advice Market Review (FAMR).
Read moreBlocking the blockers: EU prohibits network-wide ad-blocking
Mobile phone operators' plans to introduce network-wide ad-blocking technology are in jeopardy following new guidance from EU telecoms regulators, a move which highlights the divide between content providers and telecoms companies in their attitude towards ad-free content.
Read moreErrors of law in MTIC case leads to case being remitted to the First-tier Tribunal
In HMRC V Pacific Computers Ltd [2016] UKUT 350 (TCC), the Upper Tribunal (UT) has concluded that the First-tier Tribunal (FTT) made errors of law that had been material to the outcome of a taxpayer's appeal in a case involving missing trader intra-community (MTIC) fraud.
Read moreChanging experts - a risky business
The recent case of Allen Tod Architecture Ltd (In Liquidation) v Capita Property and Infrastructure Ltd (previously known as Capita Symons) provides a timely reminder of the risks of changing experts. In this case, the Defendant made an application for specific disclosure of documents prepared by the Claimant’s first expert. The High Court held that privilege in such documents should be waived and the documents should be disclosed where a party seeks to rely upon the evidence of an alternative expert.
Read moreIt doesn't rain it pours… New capital adequacy rules for SIPP firms introduced from 1 September
SIPPs are never far from the headlines at the moment. The most recent issue for SIPP firms to deal with are the new capital adequacy requirements. The effect of the new rules is to place an increased capital burden on SIPP firms holding so-called "non-standard assets".
Read moreTake note: HMRC 'nudge' tactics now include sticking handwritten Post-Its on correspondence
Another controversial step by HMRC to pressure taxpayers into settlement. HMRC does not record these additional communications with taxpayers.
Read moreAs the FOS sees a spike in fraud complaints, we take a look back at a year of FOS complaints
The FOS has recently ordered a financial adviser to pay out after falling foul of an email fraud that caused the adviser to authorise the transfer of its client's money to the fraudsters' account.
Read moreDon’t blag it!
Yesterday the FCA fined and prohibited a sole trader for failure to act with integrity and repeatedly misleading the regulator.
Read moreTribunal finds in taxpayer's favour in IBA case
In David Wellstead v HMRC [2016] UKFTT 0492 (TC), the First-tier Tribunal (FTT) has held that where a developer acquired a lease of land, constructed industrial units on that land and sold one of the units by way of an under-lease, the grant of the under-lease amounted to the sale of a relevant interest for the purposes of section 296, Capital Allowances Act 2001 (CAA 2001), entitling the purchaser to claim industrial buildings allowances (IBAs) on the purchase price.
Read moreTax update, September 2016
In this month's edition we report on (1) HMRC's much anticipated consultation on proposals to tackle disguised remuneration (2) further amendment to the Finance Bill 2016 in relation to EBT settlement relief and (3) HMRC's consultation on proposed penalties for "enablers" of tax avoidance arrangements. We also comment on three recent cases concerning penalties, scheme sanction changes and industrial buildings allowance.
Read moreWhat Feng Shui says about your office space
Feng Shui holds significant influence over many business people in China. So what's it all about?
Read moreHarry Potter star loses £1m battle with HMRC
The First-tier Tribunal (FTT) has held that a taxpayer's new accounts did not meet the requirements of section 217, Income Tax (Trading and Other Income) Act 2005 (ITTOIA), for a change in accounting date, as the accounts did not exist when HMRC were notified of the change.
Read moreVAT update, August 2016
In this month's edition of our VAT update we report on (1) the Law Society's response to HMRC's consultation on VADRA, (2) HMRC's new brief on TOGCs, and (3) HMRC's new policy paper on "Use and Enjoyment" of insurance repair. We also comment on three recent cases concerning Article 9 of the VAT Directive, repayment of VAT by an individual member of a VAT group, and a "hardship" application.
Read moreSponsors drop lying Lochte - the fallout from Rio 2016
Importance of anti-embarrassment clauses highlighted by US Olympic swimmer Ryan Lochte being dropped by sponsors, including Speedo and Ralph Lauren.
Read moreNew Guidance on when lawyers can attend an SFO section 2 interview
On 6 June 2016, the SFO issued 3 short guidance notes to replace the Operational Handbook that had previously governed interviews under Section 2 of the Criminal Justice Act 1987 (Section 2).
Read moreSIPP scheme administrator avoids 'pension liberation' tax charge
In a recent case the First-tier Tribunal (FTT) has found that HMRC was wrong to refuse Sippchoice's application for the discharge of liability to scheme sanction charges in circumstances where it was not aware of a pension liberation scheme being operated in respect of the pension scheme's invested funds.
Read moreHigh Court dismisses claimants' application for an independent re-review of defendants' disclosure
In a dispute about the treatment of protestors at copper mines in Peru, the English High Court reinforced the breadth of the test for disclosure and held that it has the power to order a party to appoint a separate law firm to conduct an independent re-review of its disclosure.
Read moreNumber of forced interviews at the SFO jumps 37%
Significant ramp up in activity at the agency.
Read morePolitical adverts – freedom to misinform?
Promises of an additional £350m per week to be given to the NHS, posters featuring "white thugs" shouting at vulnerable old ladies, and billboards plastered with images of a flood of new refugees. These are just a few of the wildly misleading, harmful and offensive adverts that featured in the build-up to the EU referendum on 23 June.
Read moreSupreme Court clarifies the impact of a "collateral lie" made by an assured during the claims process
The Supreme Court has ruled that a lie told by an assured during the course of a claim presentation will not necessarily invalidate the assured's right to recover under his insurance.
Read moreLife sciences, August 2016
Here is our latest life sciences update. Read on for practical tips on the Insurance Act 2015, the implications of the NHS wading into the debate over diagnostic apps, how Brexit may affect medical regulations and impending litigation over fertility treatment. Some of these topics will be addressed in more detail in our next life sciences seminar on 20 September 2016. To register your interest, please email seminars@rpc.co.uk.
Read moreTechnology assisted review in English civil proceedings: the exception or the norm?
Hot on the heels of its first endorsement of the use of predictive coding in the widely publicised Pyrrho decision in February 2016, the English court has recently given judgment ordering the use of predictive coding in circumstances where its use was opposed by one party.
Read moreTaxpayer succeeds on penalties issue in Pendulum scheme
In a recent case the First-tier Tribunal (FTT) has found that a taxpayer was not fraudulent or negligent in the completion of his tax return when relying on the advice of his professional advisors.
Read moreOffer rejected by counter-offer - a cautionary tale
Non-Part 36 offer not capable of acceptance once rejected by a Part 36 counter offer
Read moreOffice to Residential Permitted Development Rights – an update
The rights to convert a building from office use to residential without needing to submit a planning application are not new, although a recent decision from the Planning Court have brought them back to the headlines and suggest that they may be more flexible than anticipated.
Read moreIntroducers & Inappropriate Influence
Last week must have been a busy one for those working at the FCA.
Read more5 Partners = 1 Invalid Break Notice
Landlords beware – if you hold property in the name of a partnership which consists of more than four individuals, and you serve a break notice on your tenants in the partnership name, it may not be valid.
Read moreThe unexpected effect of Brexit on Part 36 offers
Insurers may need to check the adequacy of any Part 36 offer they have made in claims where the claimant seeks damages in a foreign currency and may also need to reconsider whether to accept any Part 36 offer made by a claimant in such a case. This is particularly so where the Part 36 offer was made in sterling.
Read moreTaxpayer wins appeal against HMRC after receiving contradictory tax demand
In Walkers’ Baggage Transfer Company Ltd v HMRC [2016] UKFTT 0415 (TC), the First-tier Tribunal (FTT) has allowed the taxpayer's appeals and concluded that the appellant had accounted for the PAYE properly due in relation to one of its employees over a three year period.
Read moreProduct Liability Update August 2016
In this Update we take a look at some of the recent stories making the news, from electrical fires to mislabelled fishcakes.
Read moreRead with "interest" - Part 36 offers
In many cases it will be easy to determine whether a claimant has beaten their Part 36 offer and accordingly whether they are entitled to the additional benefits provided for under CPR 36.17(4). Sometimes, however, because of the interest accruing on damages between the date of the Part 36 offer and the judgment date, the judgment sum only exceeds the Part 36 offer by a small amount. If this happens, what are the consequences?
Read moreCourt of Appeal considers effectiveness of "in writing" variation clause
In this case, the Court of Appeal was asked to consider the correct contractual interpretation of a long-term supply agreement. In its judgment, the Court of Appeal indicated, obiter, that including an 'in-writing only' variation clause in a contract would not prevent subsequent variation of the contract orally or by conduct in certain circumstances.
Read moreArt works: businesses and the value of art
You're heading to a company's offices for a meeting. Does this company's involvement with art affect its success as a business, and if so, how?
Read moreTax update, August 2016
In this month's edition we report on (1) HMRC's new guidance on contracting-out for defined benefit pension schemes (2) this years' tax take, (3) a new EU directive aimed at reducing corporate tax avoidance. We also comment on three recent cases concerning the validity of a discovery assessment, the tribunal's hardened approach to compliance with directions, and the validity of a notice of enquiry.
Read morePension redress methodology – more changes afoot?
Unsuitable DB pension transfer to personal pension? Advisers have woken up this morning to the Financial Conduct Authority's announcement that next year may see an update to the methodology used to calculate redress due in such situations.
Read moreCollective redress and class actions regimes – from the US to Asia
Antony Sassi - Partner, Asia - reviews the recent introduction of class action regimes in Asia and discusses why this changed litigation landscape is important for insurers.
Read moreFCA finds shortcomings in principal firms' control and oversight of their ARs
The Financial Conduct Authority's (FCA) report on its thematic review of principal firms and their appointed representatives (ARs) has identified significant shortcomings in their control and oversight.
Read moreMAR: enhancing investor protection, market integrity and harmonising the market abuse regime across the EU
Karen Hendy, Corporate Partner, explains the benefits and implications of the all new Market Abuse Regulation and highlights the grey areas to be aware of.
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