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Perspective - Blog

Are you being smart with your connectable products?

Published on 26 Apr 2024. By Gavin Reese, Partner and Andrew Martin, Associate

The growth of "smart" products that can connect to the internet has grown significantly over the past 10 years and the UK government estimate that there could be 50 million connectable products worldwide by 2030, and on average there are currently 9 in each UK household.

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Perspective - Blog

Court considers requirements for a condition precedent to litigation in Local Authority application

Published on 26 Apr 2024. By Zack Gould-Wilson, Senior Associate and Alexandra Anderson, Partner and Cat Zakarias-Welch, Knowledge Lawyer

In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd [2024] EWHC 37 (TCC) a local authority failed in its application to have the claim against it stayed or struck out on the basis of non-compliance with a contractual dispute resolution mechanism.

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Perspective - Blog

The rise of recommerce

Published on 25 Apr 2024. By Ciara Cullen, Partner and Emma Dunnill, Senior Associate

Recommerce (which includes reselling, renting, refilling, repairing or reusing goods) is already an extremely valuable business model, estimated by Barclays to be worth almost £7bn in the UK alone and expected by Visa to increase to £82bn by 2030. This growth – particularly in respect of resale – is widely regarded as being driven by Gen Z consumers, over two thirds of whom now prefer to buy second-hand over new goods, in part, due to sustainability concerns.

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Perspective - Blog

Derivative actions – The Court of Appeal considers when permission will be granted to shareholders of non-UK claims to pursue a derivative claim

Published on 23 Apr 2024. By Zoe Melegari, Associate and Matthew Watson, Partner

In Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299, the Court of Appeal recently dismissed the appeal of a shareholder of a Cypriot-based company for permission to continue a derivative action against various defendants.

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Perspective - Blog

Tax Tribunal upholds taxpayer's appeal in respect of remote gaming duty

Published on 22 Apr 2024. By Liam McKay, Senior Associate

In allowing the taxpayer's appeal, the First-tier Tribunal determined that cashback payments constituted prizes won for the purposes of section 157 of the Finance Act 2014 and Remote Gaming Duty.

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Perspective - Blog

The beginning of the end for UK resident "non-doms"?

Published on 22 Apr 2024. By George Smith, Partner and Ben Simmonds, Associate

George Smith specialises in defending claims against financial professionals, including accountants, independent financial advisors, brokers and pensions professionals. Ben Simmonds is an Associate in the Professional & Financial Risks team at RPC, specialising in defending claims and complaints for professionals within the finance sector.

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Perspective - Blog

Supreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank

Published on 17 Apr 2024. By Jake Hardy, Partner and Ana Margetts, Associate

In Byers v Saudi National Bank, the Supreme Court affirmed the findings of the lower courts by holding that a claim for knowing receipt cannot be made if a claimant’s equitable interest in the property in question has been extinguished by the time of the defendant’s knowing receipt of the property.

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Perspective - Blog

FOS Plans and Budget for 2024/25

Published on 15 Apr 2024. By Hattie Hill, Associate and David Allinson, Partner

We take a look at The Financial Ombudsman Service's strategic plans and budget for the upcoming year ahead.

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Perspective - Blog

Costly objection by HMRC

Published on 15 Apr 2024. By Harry Smith, Senior Associate

FTT allows costs application where HMRC acted unreasonably in opposing specific disclosure application.

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Perspective - Blog

FCA vehicle finance review - the road trip continues

Published on 15 Apr 2024. By David Allinson, Partner

The FCA has provided a brief update on its ongoing review of vehicle finance arrangements. Difficulties with data gathering have been noted and firms are reminded of the need to maintain adequate financial resources. A judicial review application is also revving its engine!

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Perspective - Blog

The status of parallel trade in the European Union and the UK

Published on 12 Apr 2024. By Jani Ihalainen, Associate

The following article is a collaboration between Jani Ihalainen of RPC and PDGB (Virginie Coursière-Pluntz and Benjamin Jacob), RPC's partner firm in France through its TerraLex network.

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Perspective - Blog

FOS' plans to charge CMCs – an update (or lack of)

Published on 10 Apr 2024. By Ash Daniells, Senior Associate

We reported back in February that the Financial Ombudsman Service (FOS) had announced plans to begin charging case management companies (CMCs) a fee for bringing a complaint. The consultation closed in January, and we've been eagerly awaiting the feedback. Following the publication of FOS' 2024/25 Plan and Budget, it seems there may be another opportunity for feedback to be provided.

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Perspective - Blog

What does it meme? The FCA's published guidance on 'finfluencers'

Published on 08 Apr 2024. By Damien O'Malley, Associate and David Allinson, Partner and Rachael Healey, Partner

The FCA has published their guidance on financial promotions on social media, highlighting how firms and individuals can ensure their marketing strategy remains compliant with existing obligations.

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Perspective - Blog

Upper Tribunal upholds penalty imposed for failing to take 'corrective action' in response to a follower notice

Published on 08 Apr 2024. By Alexis Armitage, Senior Associate

Upper Tribunal dismisses taxpayer’s appeal against a penalty issued under the follower notice regime for failing to take corrective action, as the final judicial ruling specified in the follower notice was relevant to the arrangements the taxpayer had implemented.

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Perspective - Blog

Green claims: key takeaways from the CMA's first investigation

Published on 04 Apr 2024. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate and Lewis Manning, Associate

After much anticipation, the Competition and Markets Authority (CMA) has finally published the results of its investigation into green claims made by ASOS, Boohoo and George at Asda. All three retailers have signed undertakings committing to change the way they promote their green credentials and to set up robust internal processes to ensure future green claims are not misleading.

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Perspective - Blog

Tribunal allows appeals against discovery assessments

Published on 02 Apr 2024. By Jasprit Singh, Associate

In Charles Collier and CB Collier Partnership v HMRC [2023] UKFTT 00993 (TC), the First-tier Tax Tribunal (FTT) found that the assessed loss of tax was not brought about deliberately by the taxpayers and had occurred due to carelessness. The 6-year time limit therefore applied to HMRC making assessments and amendments and, under that time limit, HMRC were out of time. The taxpayers' appeals were allowed.

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Perspective - Blog

A call for evidence: simplification of the Tax Administration Framework

Published on 28 Mar 2024. By Ben Simmonds, Associate

As part of its ongoing review of the Tax Administration Framework, the government has issued a further call for evidence in relation to HMRC's enquiry and assessment powers, penalties and safeguards (the Call for Evidence). This follows two previous consultation publications and works towards the government's wider objective "to simplify and modernise the tax system, tackle non-compliance, make the tax system fairer for taxpayers and to make the customs system better for traders."

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Perspective - Blog

Reversal of recent changes to the Financial Promotions Order

Published on 27 Mar 2024. By Whitney Simpson, Of Counsel

A number of the provisions of the Economic Crime and Corporate Transparency Act 2023 came into force on 4 March 2024. This Act is intended to give UK Companies House greater powers to prevent UK companies from being used for economic crimes.

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Perspective - Blog

FCA Business Plan 2024/25: Regulator sets out its plan of action for the next 12 months

Published on 26 Mar 2024. By Anthony Cutler, Associate and David Allinson, Partner

The FCA has published its Business Plan for 2024/25, outlining its objectives over the next 12 months to deliver what it promised in its 3-year strategy, launched in April 2022. The FCA describes an "ambitious programme" of work ahead, seeking to achieve better outcomes for consumers and markets.

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Perspective - Blog

Taxpayer's appeal succeeds as HMRC failed to open enquiry in time

Published on 25 Mar 2024. By Keziah Mastin, Associate

In Monks v HMRC [2023] UKFTT 853 (TC) the First-tier Tribunal concluded that HMRC had not opened a valid enquiry because the taxpayer didn't receive HMRC's letter until after the relevant time limit had expired.

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Perspective - Blog

Navigating the impact of AI on work: challenges, opportunities, and the human touch

Published on 20 Mar 2024. By Patrick Brodie, Partner

The fear of job losses because of technology and automation, including artificial intelligence, has been with us since the 1960s. For some time, academics have predicted the decline of routine, rules-based and process-driven roles.

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Perspective - Blog

Some rumblings but little thunder – the FCA's Thematic Review of retirement income advice

Published on 20 Mar 2024. By David Allinson, Partner and Rachael Healey, Partner

The FCA has published the long-awaited result of its Thematic Review into retirement income advice. Predictably, this highlights some areas for improvement but (dare we say) the overall tone is perhaps positive.

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Perspective - Blog

Merchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps

Published on 19 Mar 2024. By Simon Hart, Partner and Adam Williamson, Associate

In a significant judgment in Banca Intesa Sanpaolo and Dexia Credit Local SA v Comune di Venezia [2023] EWCA Civ 1482, the Court of Appeal overturned the findings of the High Court

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Perspective - Blog

Supreme Court provides clarity on Transfer of Assets Abroad legislation

Published on 18 Mar 2024. By Liam McKay, Senior Associate

In allowing the taxpayers' appeal, the Supreme Court determined that shareholders were not "transferors" for the purposes of the Transfer of Assets Abroad regime in the Income and Corporation Taxes Act 1988.

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Perspective - Blog

Ginfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi

Published on 15 Mar 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

M&S and Aldi's gin bottle battle over design rights has reached a conclusion (for now) as the Court of Appeal has unanimously upheld the IPEC's decision that Aldi's bottle infringed M&S' design.

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Perspective - Blog

Asbestos update: "implausible" deniability

Published on 14 Mar 2024. By Thom Lumley, Partner and Chris Gower, Associate

The recent case of Evans v Secretary of State for Health and Social Care, follows the trend of low exposure asbestos cases being defendable, when many feared that the 2018 case Bussey v Anglia Heating Ltd made that near on impossible.

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Perspective - Blog

Provisions of Economic Crime and Corporate Transparency Act 2023 now in force

Published on 14 Mar 2024. By Rosamund Akayan, Knowledge Lawyer

A number of the provisions of the Economic Crime and Corporate Transparency Act 2023 came into force on 4 March 2024. This Act is intended to give UK Companies House greater powers to prevent UK companies from being used for economic crimes.

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Perspective - Blog

FOS cap increases to £430,000 and £195,000 for complaints referred on or after 1 April 2024

Published on 14 Mar 2024. By Rachael Healey, Partner

In a press release yesterday, FOS announced increases to the applicable FOS cap that will impact complaints referred to FOS on or after 1 April 2024. £430,000 will apply to complaints about acts or omissions by firms on or after 1 April 2019 where the complaint is referred on or after 1 April 2024 and £195,000 will apply to complaints about acts or omissions by firms on or after 1 April 2019 where the complaint is referred on or after 1 April 2024.

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Perspective - Blog

The UK and EU propose bans on 'forever chemicals' (PFAs) – Great for the environment but what about the medical industry?

Published on 14 Mar 2024. By Victoria Lawman, Trainee Solicitor

'Forever chemicals', which are used in countless industries worldwide, have been linked to a range of health issues.

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Perspective - Blog

Rise with RPC: Tips for developing your insurance network

Published on 13 Mar 2024. By Ella Crawley, Associate

In the aftermath of the "Rise with RPC" event, we're immensely grateful to everyone who joined us, contributing to the dynamic exchange of ideas on "Building your insurance network." Here’s a distilled version of the top tips shared, each designed to be an actionable takeaway to apply in your professional journey.

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Perspective - Blog

When breach gets you nowhere – Ickenham Travel Group Ltd v Tiffin Green Ltd

Published on 13 Mar 2024. By Damien O'Malley, Associate

In a recent judgement the High Court reiterated the principle that breach of duty alone is not sufficient to succeed in a claim of professional negligence against an auditor. This highlights the importance of evidencing actual loss and a chain of causation.

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Perspective - Blog

Spring Budget 2024 – Main tax announcements

Published on 12 Mar 2024. By Ben Roberts, Partner

This blog discusses some of the key tax changes announced in last week's Spring Budget.

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Perspective - Blog

FCA consultation proposes changes to enforcement investigations

Published on 12 Mar 2024. By Ben Simmonds, Associate

The FCA has recently released a consultation paper proposing changes to how it carries out enforcement investigations. We consider the key proposals and how they may impact upon both firms and individuals under the FCA's regulation.

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Perspective - Blog

The results are in: Physician and Anaesthetic Associates pose "a significant risk to patient safety" according to latest BMA opinion poll

Published on 12 Mar 2024. By Alice Lacey, Associate

A BMA survey completed by over 18,000 UK doctors has flagged significant concerns regarding the way Physician Associates (PAs) and Anaesthetic Associates (AAs) work within the NHS. The news comes as the Government implements plans to roll out a rapid medical associate recruitment plan and regulate associates through the General Medical Council (GMC), the doctors' regulator. In this blog we look at the reasons behind the backlash and how this may impact our healthcare and insurer clients.

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Perspective - Blog

Home run! - Tribunal finds that taxpayer who bought and sold three properties in quick succession was not trading

Published on 11 Mar 2024. By Harry Smith, Senior Associate

Taxpayer purchasing, renovating and selling properties allowed private residence relief on capital gain and held not to be trading as property developer for tax purposes.

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Perspective - Blog

Unpacking the Building Safety Act's industry overhaul

Published on 06 Mar 2024. By Zoe Eastell, Partner and Zack Gould-Wilson, Senior Associate

On June 28, 2022, the Building Safety Act 2022 received royal assent, bringing about the biggest change to building safety in 40 years.

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Perspective - Blog

A look into HMRC's toolbox during a criminal investigation

Published on 05 Mar 2024. By Adam Craggs, Partner and Michelle Sloane, Partner

HMRC has far-reaching powers it can deploy during a criminal investigation into suspected tax fraud, which include applying for and executing search warrants (colloquially referred to as a "dawn raid"), making arrests and the compulsorily obtaining information and documentation through production orders and disclosure notices/orders. A criminal investigation conducted by HMRC is one of the most stressful events a business can experience and failing to properly respond can have serious repercussions, including significant financial and reputational damage or even prison time for individuals.

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Perspective - Blog

BT case may shape UK class action landscape

Published on 05 Mar 2024. By Chris Ross, Partner and Leonia Chesterfield, Of Counsel and Will Carter, Senior Associate

In January, the trial in Justin Le Patourel v. BT Group PLC[1] commenced in the U.K. Competition Appeal Tribunal, or CAT. The trial is scheduled to be heard over eight weeks.

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Perspective - Blog

FCA reviews ongoing client services following Consumer Duty implementation

Published on 04 Mar 2024. By Hattie Hill, Associate and David Allinson, Partner

The FCA has made a request for information from a number of networks with a view to determining what further work is needed to ensure that ongoing services provide fair value under the Consumer Duty. It has also recently published a webpage with examples of good practice and areas for improvement.

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Perspective - Blog

Progress on sustainability in fashion: the move to circularity

Published on 27 Feb 2024. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate and Rebecca James, Trainee Solicitor

According to the WRAP report, it is estimated that the fashion and textiles sector accounts for up to 8% of global greenhouse gas emissions and uses 93 billion cubic meters of water each year.

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Perspective - Blog

Thinking of marketing a sale of unlisted shares?… There have been some changes to the Financial Promotions Order you need to know about

Published on 27 Feb 2024. By Whitney Simpson, Of Counsel

On 31 January 2024, changes made to the high net worth individual and self-certified sophisticated investor exemptions contained in the Financial Services and Markets Act 2000 (Financial Promotions) Order 2005 ("FPO") came into effect.

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Perspective - Blog

Finding joy in your job: insights from FIG's latest panel

Published on 26 Feb 2024. By Alexandra Anderson, Partner

On 21 February, RPC's inclusive insurance network, FIG, reconvened for a notable panel discussion, shedding light on the theme of "Finding joy in your job."

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Perspective - Blog

Tribunal allows taxpayers' appeals against discovery assessments as company could not distribute goodwill it did not own

Published on 26 Feb 2024. By Alexis Armitage, Senior Associate

Tribunal allows taxpayers' appeals against HMRC discovery assessments as company could not distribute goodwill it did not own.

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Perspective - Blog

In the familiar, lies the unseen

Published on 23 Feb 2024. By Tom Scanlon, Trainee Solicitor and Tamsin Hyland, Partner

We like to look at boilerplate language with fresh eyes and so taking the recent case of Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 as a jumping off point, we consider the potential tensions, hidden to some extent in plain sight, between anti-assignment and subrogation rights and the take aways for those drafting insurance policy wordings.

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Perspective - Blog

Construction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!

Published on 21 Feb 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the second in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

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Perspective - Blog

Fixing up the rules: changes to the fixed recoverable costs regime coming soon to a White Book near you!

Published on 20 Feb 2024. By Will Sefton, Partner and Aimee Talbot, Knowledge Lawyer

Practitioners are eagerly awaiting the first decisions to see how the Court deals with tricky issues such as the effect of the transitional provisions and assignment of a complexity band. In the meantime, the Civil Procedure Rules Committee and the Ministry of Justice have been busy refining the rules and the 163rd update to the Civil Procedure Rules has been published. We've read it all so that you don't have to and explain below what's new in the world of FRC.

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Perspective - Blog

How should Financial Institutions manage the rise of non-financial misconduct?

Published on 19 Feb 2024. By James Wickes, Partner and Amber Oldershaw, Associate

Over the last few months, Parliament's Treasury Committee has sought to examine the many barriers faced by women in financial services through the aptly named "Sexism in the City" inquiry.

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Perspective - Blog

Tribunal varies Schedule 36 information notice as it sought material not reasonably required by HMRC

Published on 19 Feb 2024. By Jasprit Singh, Associate

In Parker Hannifin (GB) Ltd v HMRC [2023] UKFTT 00971 (TC), the First-tier Tribunal found that an information notice issued by HMRC, under Schedule 36, Finance Act 2008, was not invalid because it required electronic searches using a list of specified search terms but it did seek information that was legally privileged or not "reasonably required" and the notice was varied accordingly.

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Perspective - Blog

Collective proceedings - robust approach to determining carriage prior to certification (Hunter v Amazon.com)

Published on 15 Feb 2024. By Chris Ross, Partner and Will Carter, Senior Associate

In a recent decision, the CAT has given guidance on how carriage disputes between competing proposed class representatives (PCRs) will be addressed in future.

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Perspective - Blog

Claims against auctioneers: (not) going going gone!

Published on 15 Feb 2024. By Ash Daniells, Senior Associate

Auctioneers – daytime TV shows suggest they are a rather friendly, energetic bunch of people, but did you know they're facing an increase in professional negligence claims? We delve into what happens if complaints are made after the gavel falls.

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