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Unpacking the Building Safety Act's industry overhaul
On June 28, 2022, the Building Safety Act 2022 received royal assent, bringing about the biggest change to building safety in 40 years.
Read moreA look into HMRC's toolbox during a criminal investigation
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.
Read moreBT case may shape UK class action landscape
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.
Read moreFCA reviews ongoing client services following Consumer Duty implementation
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.
Read moreProgress on sustainability in fashion: the move to circularity
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.
Read moreThinking of marketing a sale of unlisted shares?… There have been some changes to the Financial Promotions Order you need to know about
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.
Read moreFinding joy in your job: insights from FIG's latest panel
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."
Read moreTribunal allows taxpayers' appeals against discovery assessments as company could not distribute goodwill it did not own
Tribunal allows taxpayers' appeals against HMRC discovery assessments as company could not distribute goodwill it did not own.
Read moreIn the familiar, lies the unseen
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.
Read moreConstruction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!
This article is the second in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.
Read moreFixing up the rules: changes to the fixed recoverable costs regime coming soon to a White Book near you!
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.
Read moreHow should Financial Institutions manage the rise of non-financial misconduct?
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.
Read moreTribunal varies Schedule 36 information notice as it sought material not reasonably required by HMRC
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.
Read moreCollective proceedings - robust approach to determining carriage prior to certification (Hunter v Amazon.com)
In a recent decision, the CAT has given guidance on how carriage disputes between competing proposed class representatives (PCRs) will be addressed in future.
Read moreClaims against auctioneers: (not) going going gone!
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.
Read morePension Ombudsman upholds complaint against SSAS trustee for investment decision
In a complaint made against Rowanmoor as administrator and trustee of a small self-administered pension scheme (SSAS) regarding investments made by the SSAS in The Resort Group, the Pension Ombudsman has rejected the complaint against the administrator but upheld the complaint against the trustee. The decision addresses the responsibilities of a pension trustee when making investments including the obligation to diversify assets and to avoid investments "attended with hazard". As the customer was also a trustee of the SSAS (which is always the case with a SSAS) the Ombudsman also considered the contributory fault of the customer, finding that the customer as trustee was responsible for 20% of the loss and in doing so putting to one side the principle that trustees are jointly and severally liable for acts as trustee.
Read moreUpper Tribunal remits CGT appeal back to Tribunal for rehearing
In M Campbell v HMRC [2023] UKUT 265 (TCC) the Upper Tribunal (Tax chamber) remitted the taxpayers' appeals back to the First-tier Tribunal to consider the liability to capital gains tax, after the taxpayer flipped four residential properties.
Read moreFOS aims to remain cost-free for consumers – by charging their CMCs
In what is perhaps a sign that the cost-of-living crisis is impacting more than just you and I, the Financial Ombudsman Service (FOS) has announced plans to begin charging case management companies (CMCs) a fee for bringing a complaint – the aim being to balance the needs of consumers, with financial sustainability. What impact is this likely to have on consumers and those facing complaints at FOS?
Read moreVehicle finance – FOS driving review forward, but is anyone behind the wheel?
In this article, David Allinson, Partner at RPC, has teamed up with Alex Barry, Claims Director at Collegiate Management Services Ltd, to consider a recent Financial Ombudsman Service decision concerning discretionary commission arrangements and vehicle finance loans. FOS has now published a small number of Final Decisions on this topic, which have been picked up by Martin Lewis (MoneySavingExpert.com) and the FCA, and could have wide-ranging consequences for a number of different professions and their insurers.
Read moreNot the last word: High Court holds that ICSID Convention does not effect automatic waiver of immunity
The decision in Border Timbers Ltd v. Republic of Zimbabwe [2024] EWHC (Comm) [2024] EWHC 58 (Comm) considers state immunity under English law in the context of enforcement of ICSID arbitral awards.
Read moreTrainees take on 2024
2023 was a year of change, with the Coronation of King Charles III, COVID-19 finally losing its pandemic status and continued economic and political instability across the globe.
Read moreTribunal allows taxpayers' appeals against discovery assessments
In Smith v HMRC [2023] UKFTT 00912 (TC), the First-tier Tribunal (FTT) allowed the taxpayers' appeals against discovery assessments, finding that a transfer of goodwill did not amount to a distribution under section 1000, Corporation Tax Act 2010 (CTA), because the goodwill was owned personally by the taxpayers.
Read moreWeighing up the risks: Remote GP consultations
Telephone and online GP appointments risk harming patients, according to a study published by the British Medical Journal (BMJ) in November 2023. The study found that remote consultations have been linked to an increase in fatalities due to serious health conditions, that would likely have been picked up at face-to-face appointments.
Read moreQuid game – fixed costs; pick your battles
Ordinarily, the claims that make the headlines are those that have the highest value or the most significant impact on the public. With the costs landscape ever-changing in civil claims, without careful planning and strategy, even modest claims can end up biting defendants in the longer-term.
Read moreAIM higher!
In Graham Chisnall and Others v HMRC [2023] UKFTT 857 (TC), the First-tier Tribunal (FTT) held, in allowing the taxpayers' appeals, that evidence derived from the sale price of shares on the Alternative Investment Market (AIM) was more reliable than evidence provided by a valuer employed by HMRC.
Read moreClear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal
Intellectual property enthusiasts' favourite supermarket adversaries were back at loggerheads this week as M&S and Aldi appear before the Court of Appeal. The pair sought to thrash out a first instance decision handed down in the Intellectual Property Enterprise Court (IPEC) regarding alleged infringement of M&S' registered design rights in a gin bottle.
Read moreVehicle finance complaints gather speed
Following on from our recent blog on the changes to the FCA's complaint handling rules for complaints involving discretionary commission arrangements, the FOS has now published dedicated webpages concerning such complaints.
Read moreInsolvency trends and implications for claims against D&Os and Insolvency Practitioners
Looking into the crystal ball at the start of the year to forecast future trends isn’t possible, but one common theme that we expect will continue to impact upon both directors and officers and insolvency practitioners (IP) is the increasing rise of corporate insolvencies.
Read moreRumble in the concrete jungle – London as a disputes powerhouse
"London is the most attractive centre for commercial litigation and international arbitration" according to the Law Society's International Data Insights Report 2023.
Read moreOnline platforms should Swatch out: Samsung found liable for infringing third-party content available on the Samsung Galaxy App store
The Court of Appeal in Montres Breguet SA v Samsung Electronics [2023] EWCA Civ 1478 has dismissed Samsung's appeal and upheld a first instance decision which found it liable for trade mark infringement in relation to third-party watch faces available on the Samsung Galaxy App store. This judgment provides guidance on what constitutes "use" of a sign by an online app store and the applicability of the e-Commerce Directive hosting defence.
Read moreTax Tribunal allows taxpayer's appeal against discovery assessment
FTT allows taxpayer's appeal against HMRC discovery assessment seeking to charge CGT on the disposal of a property between separating spouses.
Read moreRecouping overpayments - The Pensions Ombudsman v CMG Pension Trustees Limited and CGI IT UK Limited – the implications of needing a County Court order
In November last year the Court of Appeal dismissed the Pensions Ombudsman's (Ombudsman) appeal of the 2022 High Court decision in CMG Pension Trustees Ltd v CGI IT UK Ltd [2022]. The Court of Appeal's decision upheld the High Court's decision that the Ombudsman is not a "competent court" to recoup overpayments under section 91(6) of the Pensions Act 1995.
Read moreCastle caper condoned? Court of Appeal rules on dishonest condonation and aggregation under solicitors policy in Discovery Land v AXIS
On 15 January 2024 the Court of Appeal handed down judgment in Discovery Land Company LLC and others v Axis Specialty Europe SE [2024] EWCA Civ 7. The case concerns the ability of a solicitors’ insurer to decline cover for a claim on grounds of dishonesty and, in particular, the meaning of “condonation” of dishonesty. It also concerns how the aggregation clause operates in a solicitors’ professional indemnity insurance policy.
Read moreVehicle finance could drive redress scheme
We're barely into 2024 and it looks like vehicle finance arrangements could drive forward the next miss-selling saga. The volume of complaints in this area has prompted the FCA to suspend and extend certain time limits and an industry wide redress scheme could be on the horizon.
Read moreWeight loss jabs – a litigation time bomb
Weight loss jabs like Ozempic are giving rise to new health concerns. Litigation is emerging in the US with firms claiming that cases will be in the thousands.
Read moreVirtual billboards: the future of immersive advertising?
With the deployment of immersive technologies poised to become the norm, the implementation of infrastructure for "virtual billboards", and the "property digital rights" which they demand, is demonstrating a lucrative gap in the market and huge growth potential.
Read moreOfcom's 'Roadmap to Regulation' underway with its consultation on illegal harms duties under the Online Safety Act
In November, Ofcom, as new online safety regulator, published the first of four major consultations under the Online Safety Act ("OSA"), which sets out its proposals for how "user-to-user" ("U2U") services (essentially any online website or app that allows users to interact with each other) and online search services (i.e. Google, Bing and similar) should approach their illegal content duties under the new legislation. The consultation provides guidance in a number of areas including governance, content moderation, reporting and complaints mechanisms, terms of service, supporting child users, and user empowerment.
Read moreCourt of Appeal considers 'main purpose' test and finds in favour of taxpayer
Read moreThaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'
To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.
Read moreDirectors' Duties to Disclose Interests In Proposed Transactions: Not a one-size-fits-all approach?
The Court of Appeal has recently grappled with the contentious issue of when directors will be considered to have acted in breach of their fiduciary duties for having pursued a business opportunity for their own benefit. In the case of Humphrey & Anor v Bennett [2023] EWCA Civ 1433, the Defendants were the directors and the majority shareholders of a property development SME company (the Company). The Claimants were former directors and minority shareholders of the Company. The Claimants' claim against the Defendants was brought derivatively in the name of the Company (with the permission of the Court) under section 260 of the Companies Act 2006 (CA06).
Read moreDirectors not liable under PLNs as HMRC failed to establish deliberate conduct by company
In Sharon Suttle and another v HMRC [2023] UKFTT 873 (TC), the Tax Tribunal allowed the taxpayers' appeals against Personal Liability Notices (PLNs) on the basis that the company did not make a deliberate inaccuracy in its returns.
Read moreRICS PII Minimum Terms consultation – last chance to have your say
RICS requires all regulated firms in the UK and Ireland to hold "adequate and appropriate" indemnity insurance which meets RICS' Minimum Policy Wording.
Read moreThe Terminator: A Tale of Two Insurance Claims
It is 2029, and the Machines are losing their war with Humanity. What to do?
Read more12 top tips for using AI in retail and consumer businesses
Last year, we set out our top ten tips for retailers entering the metaverse. This year, AI is the hot topic in retail and pretty much everywhere else! AI is redefining the retail and consumer industry. It can improve consume engagement, aid decision-making, curate tailored promotions, improve efficiencies, and reduce costs. So what do retailers and consumer bran need to be mindful of when deploying AI?
Read moreAn insurance broker's standard of care – Bridging the insurance knowledge gap, not quite Sherlock Holmes but the broker must follow up obvious gaps and uncertainties
In a recent judgment, the High Court looked at the scope of duty of an insurance broker in circumstances where the claimant/policyholder had insufficient cover following a warehouse fire. The judgment arguably does not break new ground, but serves as a useful reminder that an insurance broker should make sure it fully understands a policyholder's business to be in a position to properly consider relevant insurance, notes of meetings are critical and warnings in generic documents are unlikely to discharge any duty if the insurance broker does not know enough about the business to recommend appropriate cover or is otherwise on notice of risks that it does not look to cater for. The judgment also looks at contributory negligence where the claimant/policyholder did not adequately calculate turnover for the purposes of business interruption cover, finding that the claimant contributed to the underinsurance position it was left in and reducing damages by 20%.
Read moreA tale of a SIPP administrator, a complainant's fraudulently intercepted email account and a missing £20,000
The Pension Ombudsman Service (POS) recently upheld a complaint and in doing so, found a SIPP administrator (the Administrator) at fault for the release of £20,000 from Mr N's (the Complainant's) SIPP to a fraudster. The determination is a helpful reminder of the responsibilities of professionals when it comes to payment transfer requests and verifying the recipient of payments, with the POS finding that given the "red flags" in the case, contact should have been made directly with the Complainant to verify the payment request or additional checks undertaken. The determination highlights the dangers of processing transfer requests via email and that in some circumstances further checks may be needed if a request looks "fishy".
Read moreCourt of Appeal upholds tribunal decision on the taxation of limited partnership transactions
Read moreCode of Conduct for Leasing of Retail Premises to take effect from 1 February 2024
Following from the passing of the Lease Agreements for Retail Premises Bill which mandates compliance with the Code of Conduct for Leasing of Retail Premises in Singapore ("Code") for qualifying leases of retail premises earlier this year, the Lease Agreements for Retail Premises Act ("Act') is expected to take effect from 1 February 2024.
Read moreWhat if the CEO asks me about… preparing for new sustainability reporting requirements?
There is an increasingly complex web of sustainability reporting requirements for companies across the world (either in force or in the pipeline). The ISSB standards seek to set a global baseline for sustainability reporting to ensure consistency and comparability of companies' disclosures. With UK implementation of the standards expected next year, retailers and consumer brands should take steps now to prepare. We outline the current plans for sustainability reporting under the ISSB standards in the UK and flag practical steps that businesses should take to prepare.
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