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The CPR 3.10 cure: Court of Appeal prioritises substance over form in defective jurisdiction challenge
In a recent decision, the Court of Appeal, considered whether a failure to expressly state that an application to strike out a claim on the basis that the court lacked jurisdiction was being made pursuant to CPR 11, was a defect that could be cured by CPR 3.10. The Court of Appeal concluded that it could and the claim was struck out.
Read moreWith great power comes a need to establish legal liability
The Upper Tribunal has confirmed the FCA cannot impose a redress scheme on a single firm unless the conditions in s.404 of FSMA (the need to establish breach, actionability, causation and loss) are met; and a redress scheme cannot be imposed solely in reliance on breaches of the Principles.
Read moreNMC concerns over potentially fraudulent nurse registrations
The Nursing and Midwifery Council (NMC) is contacting more than 500 professionals who trained abroad to determine whether they could have gained fraudulent or incorrect entry to the register after unusual and concerning data emerged from one its testing sites.
Read more'Dawn Raids' – what to do should HMRC come knocking!
In the post-pandemic world, the number of dawn raids being carried out is on the increase. Against such a backdrop, it is crucial that businesses are fully prepared should the unthinkable happen.
Read moreRICS disciplinary process: guidance for surveyors on sanctions (4 of 4)
This fourth article considers the sanctions the RICS can impose and the next steps for surveyors following a disciplinary decision.
Read moreFCA expresses concern about overseas pension transfers
The FCA has emphasised the importance of consumer protection amid promises of significant returns from overseas pension arrangements and offshore investments held within SIPPs. The FCA's publication is a reminder to UK firms of their consumer obligations when accepting pension transfer referrals from overseas advisers.
Read moreThe Building Safety Act 2022: a guide for conveyancers
We explain below how the BSA is intended to protect leaseholders, what steps solicitors can take to ensure purchasers and lenders are protected and what to do if that protection cannot be obtained.
Read moreWhat’s next for PFAS litigation?
RPC’s Lucy Dyson explores how growing public awareness of PFAS and the associated health and environmental concerns has seen a rise in litigation in the US that parallels asbestos as a toxic tort, with claims over chemical contamination in Europe also on the rise.
Read moreHMRC's attempt to strike out appeal fails
The First-tier Tribunal refused HMRC's application for the taxpayer's appeal to be struck out on the basis the appeal had no reasonable prospects of success.
Read moreCompliance Handbook Update: Bribery and corruption
The handbook emphasises providing compliance practitioners with insight into the practical application of FCA and PRA rules. Each chapter is discussed in the statutory and regulatory context with practical analysis of the subject, together with tips and guidance that firms may find helpful.
Read moreDuties to third party investors in tax avoidance schemes following McClean
We analyse the Court of Appeal's recent decision in David McLean and others v Andrew Thornhill KC in which the court considered the circumstances in which duties are owed to non-clients in the context of legal advice made available to investors in tax schemes.
Read moreLet us in!
Adam Craggs and Michelle Sloane explain what a business should do should HMRC come calling unexpectedly.
Read moreCovered: Insurance regulation – Asia edition
Covered: Insurance regulation – Asia edition
Read moreThirty minutes in Decentraland: A metaverse adventure
Decentraland is one of the best known 'metaverses' that currently exist. It is a giant virtual world where users can create 'avatars' (a digital representation of yourself) and interact with one another. Users can also buy and develop virtual land, the mechanics of which involve purchasing an NFT (non-fungible token) connected with the relevant land plot. Users can then develop their land and build unique 3D environments.
Read moreMet police withdraw: a radical restructuring of mental health provision
Metropolitan police officers to be banned from responding to mental health incidents from 31 August 2023.
Read moreInterest in possession trust was ineffective in avoiding inheritance tax charge
In dismissing the taxpayer's appeal, the First-tier Tribunal held that the assets of a property trust were beneficially held by the principal beneficiary and formed part of her estate for inheritance tax purposes.
Read more10 Practical Tips for Navigating the W&I Underwriting Process
Warranty and indemnity (W&I) insurance provides cover for losses arising from a breach of warranty, or a tax deed claim, in connection with a merger or acquisition (M&A) transaction. The use of W&I insurance offers significant advantages (such as allowing the seller to make a clean exit, and helping to maintain the relationship between the parties), and as such, is becoming an increasingly common feature of M&A transactions.
Read moreUK Government wants understanding of video games to move to the next level
On 30 May 2023, the UK Government published a Video Games Research Framework which encourages research on video games and emerging game-related technologies.
Read moreBSA: new guidance for principal accountable persons to assist in registration with BSR
Our team explain the Health & Safety Executive's new guidance for Principal Accountable Persons detailing what key building information they need to provide when registering a high-rise residential building with the Building Safety Regulator, and what PAPs should be doing now in preparation for registration, which closes on 30 September 2023.
Read moreWhen is a 'tunnel' not a tunnel, for capital allowances purposes?
In HMRC v SSE Generation Ltd [2023] UKSC 17, the Supreme Court confirmed that capital allowances are available in respect of parts of a hydroelectric power station.
Read moreThe CAT's new approach: I can't afford a carriage (dispute)
Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.
Read moreCrypto: issues for solicitors and their PI insurers
We explore the types of work lawyers are doing in this area, the risks this work may give rise to and issues for solicitors and their PI insurers to consider.
Read moreTribunal confirms tax assessments out of time
In Ramasamy Danapal v HMRC [2023] UKUT 00086 (TCC), the Upper Tribunal (UT) held that discovery assessments founded on the alleged careless and/or deliberate conduct of a taxpayer's accountants were out of time as the requisite conduct had not been established.
Read moreAutomatic conversion of shares held invalid
The High Court has interpreted that a right for preferred shares to be converted to ordinary shares is subject to class right approval by the preferred shareholders.
Read moreBinance successfully challenges interim proprietary injunction over deposited cryptoassets
In Piroozzadeh v Persons Unknown and Others [2023] EWHC 1024 (Ch), the cryptocurrency exchange Binance successfully applied to discharge an interim proprietary injunction obtained by a claimant whose misappropriated cryptoassets had been deposited at the exchange. This is the first recorded case of an exchange successfully having discharged such an injunction.
Read moreThe fit-out problem
An article considering the insurance strategy of fit-out works, which looks at co-insurance following the Court of Appeal's judgment in FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, the approach under JCT contracts, public liability insurance and the tenant's liability.
Read moreTribunal confirms that HMRC may open an enquiry into a protective SDLT return
Upper Tribunal confirms that HMRC may open an enquiry into a protective SDLT return and that no special limitation period applies to SDLT closure notices.
Read moreA Portfolio Letter for SIPP operators – are the goalposts being moved again?
The Financial Conduct Authority (FCA) published a Portfolio Letter for SIPP operators setting out "old" concerns and arguably introducing new expectations under the Consumer Duty. The letter is likely to leave SIPP providers feeling uneasy about what is expected of them going forward and what the new Consumer Duty means for their business.
Read moreTake notice: the importance of complying with formal notification requirements
A recent judgment of the High Court has highlighted the potential hurdles thrown up by notification clauses in share purchase agreements.
Read moreHow a Supreme Court ruling could cause surge in claims against directors
Ben Gold, explains how a recent Supreme Court case (BTI v Sequana) confirms company directors owe a duty to creditors if the company nears balance sheet or cash flow insolvency.
Read moreMitchell: taxpayer confidentiality and a crisis of confidence?
Dismissing the taxpayer's appeal, the Court of Appeal held that the First-tier Tribunal is not empowered to adjudicate on the exercise of HMRC's powers of disclosure under section 18 of the Commissioners for Revenue and Customs Act 2005.
Read moreSenior executive leaving? Six steps to protect your business
When an executive or key strategic employee departs your organisation, protecting your organisation's business interests is paramount.
Read moreTips On Implementing Menopause Support Policies At Work
The conversation around menopause and its associated challenges is undoubtedly becoming more open and frequent, with people in the public eye speaking out about their experiences and urging women and others experiencing menopause to seek support and treatment.
Read moreQOCS rule changes now in force – has the imbalance been restored?
A review of the amendments to the QOCS regime and the impact on costs recovery for defendants and insurers.
Read moreEU set to tackle greenwashing with Green Claims Directive
On the 22 March 2023, the European Commission published its proposal for a new 'Green Claims Directive' setting out standardised rules for the assessment, substantiation and communication of green claims.
Read moreWhat the fix?!
Fixed recoverable costs in professional negligence claims: new rules applicable from 1 October 2023
Read moreThe "Unicorn Kingdom's" AI White Paper
The UK's pro-innovation AI White paper has been published. It landed almost simultaneously with an open letter from the Future of Life Institute which called for a six-month halt in work on AI systems more powerful than the generative AI system: GPT-4.
Read moreResponsible Actors Scheme forecast for Summer 2023
The Government has recently published secondary legislation setting out its intention to implement its Responsible Actors Scheme (RAS) with further guidance to come by this Summer.
Read moreConsumer duty and claims handling – beware of sludge practices
The Consumer Duty is a new regulatory framework developed by the Financial Conduct Authority (FCA) aimed at creating a higher standard of consumer protection in the retail markets. The FCA expects the Consumer Duty to be a significant shift for the market in terms of its expectations on firms and in this blog we consider this shift in the context of insurance claims handling.
Read moreTribunal finds HMRC's discovery assessment to be invalid
The First-tier Tribunal allowed the taxpayer's appeal as HMRC's discovery assessment was invalid due to there being no valid return because the taxpayer's agent had acted fraudulently in filing his return.
Read moreLuxury today - go green or go home?
"Sustainability" is the new buzzword in marketing.
Read moreWasted costs – some comfort for legal professionals
In its recent judgment in Anthony King and others v Barry Stiefel and others the Commercial Court has considered the circumstances in which wasted costs orders can be made against the legal representatives of a defeated party to a claim. The court dismissed the applications saying that wasted costs applications should only be made in respect of straightforward applications which can be dealt with summarily.
Read moreThe Digital Markets, Competition and Consumers Bill – What's New on the Competition Side?
In addition to the headline landscape reforms to digital markets and consumer protection, the much-anticipated Digital Markets, Competition and Consumers Bill (the Bill), introduced into Parliament on 25 April 2023, makes wide-ranging enhancements to the competition powers of the Competition and Markets Authority (the CMA) and changes to the UK merger regime.
Read moreLegislation Empowering the CMA's Digital Markets Unit Introduced into Parliament
The long-anticipated Digital Markets, Competition and Consumers Bill (the Bill) has now begun its parliamentary journey following its introduction on 25 April 2023. Described as a "flagship bill" by the CEO of the Competition and Markets Authority (the CMA), the Bill not only introduces major landscape reforms to the UK's consumer protection regime and significant enhancements to the CMA's competition law powers, it also ushers in a new regime for digital markets. The Bill has the potential to be a "watershed moment" in how UK digital markets are regulated.
Read moreGenerative AI and intellectual property rights—the UK government's position
The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.
Read moreA bolstering of the consumer protection regime and some sharper teeth for the CMA – a first look at the new UK Digital Markets, Competition and Consumers Bill
It's been a little over a year in the making, and it's been one of the most hotly anticipated legislative updates since it was first announced in April 2022, but the first draft of the UK's catchily titled Digital Markets, Competition and Consumers Bill, is finally here.
Read moreDocuments subject to legal advice privilege were not disclosable to HMRC
The First-tier Tribunal granted the taxpayers' application for the tribunal to determine whether certain documents were subject to legal professional privilege and were therefore not required to be disclosed to HMRC.
Read moreBeware unexploded bombs, proximate causes and …. the unintended consequences of adding clarity
It is not that often that the standard UK market War Exclusion, language which for decades has sat materially unchanged, is the basis of a declinature by insurers. The recent case of Allianz Insurance plc v University of Exeter is therefore particularly interesting as the Court was asked to interpret this language and decide whether BI losses arising from the controlled detonation of a WWII bomb, discovered on nearby property were excluded from cover
Read moreNew developments in AI may put law firms at greater risk of phishing fraud
As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.
Read moreDiscovery assessment issued during enquiry period was invalid
Allowing the taxpayer's appeal in part, the Upper Tribunal held that a discovery assessment made during the enquiry period was invalid because the conditions in section 29(5) Taxes Management Act 1970 could not be satisfied at that time.
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