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The Week That Was – 6 August 2021

Published on 06 Aug 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Pursuant to a building contract novated to Toppan, Simply was engaged to construct a care home and subsequently provided a collateral warranty in favour or the operator, Abbey. Defects were found at the care home and Abbey obtained an adjudicator's decision against Simply for damages for loss of trading profit.

Architect receives 12 month suspension over "ugly duckling" home cinema design

Published on 06 Aug 2021. By Emma Wherry, Of Counsel and Sarah O'Callaghan, Senior Associate and Emrys Moore, Associate

Daniel Marcal, an internationally renowned and award winning architect, was retained by Phillip Freeborn, former head of operations at Barclays Capital and his wife Christina Goldie to design an "architectural jewel" of a home cinema, in their £7 million London home. However, as Mr Freeborn told the High Court in his claim against Mr Marcal, he ended up with a "wonky" "expensive white elephant", rather than the sleek modernist cube floating over his pool that he had wanted.

The Week That Was - 30 July 2021

Published on 30 Jul 2021. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 23 July 2021

Published on 23 Jul 2021. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Knot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed

Published on 19 Jul 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The RICS is seeking consultation on its Japanese Knotweed draft guidance note. The consultation, which you can access here, opened on 22 June 2021 and closes on 3 August 2021.

Disciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect

Published on 18 Jun 2021. By Emma Wherry, Of Counsel and Sarah O'Callaghan, Senior Associate

Further to our previous five articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Referral to Professional Conduct Committee stage, this article considers the Professional Conduct Committee Hearing, and what Architects should expect if their case reaches this stage.

New RICS Guidance for Risks, Liability and Insurance April 2021

Published on 18 May 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The RICS have produced a new Guidance Note entitled "Risks, Liability and Insurance", which came into effect on 1 April 2021. This note is a must read for surveyors and provides practical advice for risk management and the points to consider when seeking professional indemnity cover.

Fire safety – at last, some welcome news for surveyors

Published on 15 Apr 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.

The RICS key to unlock the market?

Published on 09 Mar 2021. By Alexandra Anderson, Partner

In December 2019, the RICS launched a new form, the EWS1, to assist with the process of valuing properties within all residential buildings over six storeys (18 metres). In the wake of the Grenfell Tower tragedy, lenders were needing to understand whether materials used for cladding/insulation were safe and would require remediation at a cost that would have impact on the value of the property. The EWS1 form was intended to provide a quick route to ascertain whether works were required that might have an impact on value.

Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee

Published on 16 Feb 2021. By Emma Wherry, Of Counsel and Sarah O'Callaghan, Senior Associate

Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.

The Week That Was - 27th November 2020

Published on 27 Nov 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 13 November 2020

Published on 13 Nov 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 6th November 2020

Published on 06 Nov 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

The week that was - 30th October 2020

Published on 30 Oct 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 23rd October 2020

Published on 23 Oct 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Building on renewable energy #3 – Anaerobic Digestion

Published on 24 Sep 2020.

Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.

Health and Safety Bulletin – June 2020

Published on 01 Jul 2020.

Welcome to the latest edition of our Health and Safety update.

Disciplinary investigations against architects #4 - investigations panel stage

Published on 14 Apr 2020. By Sarah O'Callaghan, Senior Associate

Further to our previous three articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage (3) the review stage, this article explains the next stage of a disciplinary investigation against an Architect: the investigations panel stage.

Building on renewable energy #2 - Wind power

Published on 05 Mar 2020.

Wind power is, unsurprisingly, generated by wind (typically as little as a light breeze) passing over and turning the turbine's blades. The blades are connected via a shaft and gearbox to a generator, which converts the kinetic energy into electrical energy. A transformer then increases the voltage of the generated energy to enable transmission to the grid.

Disciplinary investigations against architects #3 – The review stage

Published on 24 Feb 2020. By Sarah O'Callaghan, Senior Associate and Emma Wherry, Of Counsel

Further to our previous two articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage we explain the next stage of a disciplinary investigation against an Architect, the review stage.

Disciplinary investigations against architects #2 - Complaints to the ARB

Published on 23 Jan 2020. By Sarah O'Callaghan, Senior Associate and Emma Wherry, Of Counsel

Further to our previous article which provided an overview of the Architect Registration Board's disciplinary process, we explain the first stage of a disciplinary investigation against an Architect, the complaint stage.

Challenging HMRC's Debt Management Actions - Lessons Learned from Local Fuel Ltd

Published on 08 May 2025. By Michelle Sloane, Partner and Daniel Williams, Associate

Michelle Sloane and Daniel Williams consider when a private law action, rather than judicial review, is appropriate to challenge a decision taken by HMRC's debt management team.

Tax Bites - May 2025

Published on 01 May 2025. By Adam Craggs, Partner and Daniel Williams, Associate

Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.

Tribunal allows capital allowances claim for expenditure on construction of a quay wall at the Port of Liverpool 

Published on 01 May 2025. By Jasprit Singh, Senior Associate

In The Mersey Docks and Harbour Company Ltd v HMRC [2024] UKFTT 1163 (TC), the First-tier Tribunal allowed the company's claim for capital allowances in respect of expenditure incurred on the construction of a quay wall at a new deep-water container terminal at the Port of Liverpool.

Taxing Matters: Tax risk for professionals and professional businesses with Thomas Slipanczewski, Associate Director at Deloitte

Published on 29 Apr 2025.

In this episode of Taxing Matters, Senior Associate and Taxing Matters host, Alexis Armitage is joined by Thomas Slipanczewski, who is an Associate Director at Deloitte in their tax controversy team, to discuss task risk for regulated professionals and professional businesses.

HMRC Landfill Tax Crackdown

Published on 28 Apr 2025. By Michelle Sloane, Partner and Daniel Williams, Associate

In recent years, HMRC has markedly increased its compliance activity in relation to Landfill Tax and it is therefore important that businesses operating in this area are aware of common issues that are triggering time-consuming tax enquiries, subsequent disputes and litigation.

Criminal Offences and Prosecutions for Tax Fraud

Published on 24 Apr 2025. By Adam Craggs, Partner and Daniel Williams, Associate

Adam Craggs and Daniel Williams consider HMRC's approach to investigation and prosecution of various tax fraud offences, and deferred prosecution agreements and unexplained wealth orders.

V@ update - April 2025

Published on 23 Apr 2025. By Adam Craggs, Partner and Jasprit Singh, Senior Associate

Welcome to the April 2025 edition of RPC's V@, our monthly update which provides news and analysis from the VAT world.

Court of Appeal confirms that compensatory payments made to settle regulatory investigations are not penalties

Published on 10 Apr 2025. By Daniel Williams, Associate

In ScottishPower (SCPL) Ltd and others v HMRC [2025] EWCA Civ 3, the Court of Appeal held that compensatory payments made to consumers in settlement of regulatory investigations were not penalties and therefore were deductible for corporation tax purposes.

Business Briefing: Navigating The New US-UK Trade Tariffs

Published on 07 Apr 2025. By Michelle Sloane, Partner and Liam McKay, Of Counsel

The Trump administration has introduced sweeping tariffs on goods imported into the United States. This move is expected to cause significant disruption to global trade, with notable consequences for UK businesses. As the ripple effects unfold, understanding the scope of the tariffs and how to respond strategically will be crucial for UK businesses looking to protect their margins, adapt their operations, and plan confidently for the future.

UT allows company's appeal as payment to EBT was not earnings of its employee

Published on 03 Apr 2025. By Tom Holden, Associate

In M R Currell Ltd v HMRC [2024] UKUT 00404, the Upper Tribunal set aside the First-tier Tribunal's decision and held that a payment from a company to an employee benefit trust was not taxable earnings as the facts were distinguishable from those in RFC 2012 plc (formerly The Rangers Football Club plc) v Advocate General for Scotland [2017] UKSC 45.

Tax Bites: April 2025

Published on 01 Apr 2025. By Adam Craggs, Partner and Daniel Williams, Associate

Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.

Judicial review in tax disputes – an overview

Published on 27 Mar 2025. By Adam Craggs, Partner and Liam McKay, Of Counsel

Judicial review remains an important tool for taxpayers to challenge HMRC's decisions, and it is important for taxpayers and practitioners to have a clear understanding of the judicial review process.

V@ update - March 2025

Published on 26 Mar 2025. By Adam Craggs, Partner and Jasprit Singh, Senior Associate

Welcome to the March 2025 edition of RPC's V@, our monthly update which provides news and analysis from the VAT world.

Taxing Matters: Navigating the human side of tax disputes with Mark Bevington of ADE Tax

Published on 26 Mar 2025.

In our latest episode of RPC's Taxing Matters, podcast host and Senior Associate, Alexis Armitage, is joined by Mark Bevington managing principal and founder of ADE Tax.

Court allows taxpayer's appeal and agrees the "exceptional circumstances" exemption was satisfied

Published on 20 Mar 2025. By Alexis Armitage, Senior Associate

In A Taxpayer v HMRC [2025] EWCA Civ 106, the Court of Appeal allowed the taxpayer's appeal, agreeing with the First-tier Tribunal's decision that the "exceptional circumstances" exemption in paragraph 22(4), Schedule 45, Finance Act 2013, was satisfied.

High Court permits recission in EBT case enabling taxpayers to avoid IHT liability

Published on 13 Mar 2025. By Jasprit Singh, Senior Associate

In JTC Employer Solutions Trustee Ltd and others v Garnett and another, the High Court allowed the claimants' claim and permitted rescission in relation to various Employee Benefit Trust appointments to sub-trusts, with the result that there was no IHT liability as the mistake in creating the sub-trusts was sufficiently serious to render it unconscionable to leave the mistaken disposition uncorrected.

Taxing Matters: IWD 2025 special with Ele Theochari

Published on 06 Mar 2025.

This month, RPC Senior Associate and Taxing Matters host, Alexis Armitage, is joined by Ele Theochari, Partner at Blick Rothenberg for a special episode to celebrate International Women's Day.

Tribunal allows taxpayer's appeal in R&D relief claim

Published on 06 Mar 2025. By Daniel Williams, Associate

In Stage one Creative Services Ltd v HMRC [2024] UKFTT 1059 (TC), the First-tier Tribunal allowed the taxpayer's appeal against HMRC's decision to refuse R&D relief claims on the basis that the relevant projects were not "subsidised" or "contracted out".

Tax Bites – March 2025

Published on 04 Mar 2025. By Adam Craggs, Partner and Daniel Williams, Associate

Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.

Supreme Court rejects taxpayers' appeals and denies enterprise zone allowances

Published on 27 Feb 2025. By Liam McKay, Of Counsel

In R (ota of Cobalt Data Centre 2 LLP and another) v HMRC [2024] UKSC 40, the Supreme Court dismissed the taxpayers' appeals concerning capital allowances on enterprise zone expenditure, confirming the correct interpretation of section 298 of the Capital Allowances Act 2001.

Taxing Matters: Mike Ashley wins landmark data protection case against HMRC

Published on 27 Feb 2025.

At the end of January, Mike Ashley won his high-profile and landmark data protection case against HMRC, with the High Court concluding that HMRC wrongly withheld his personal information for over two years. In this month's episode of Taxing Matters, our host and Senior Associate, Alexis Armitage is joined by Megan Grew, Associate at RPC and part of Mike Ashley's legal team, to discuss the legal aspects of the case that led to a landmark data protection victory against HMRC for Mike Ashley in the High Court.

Customs and excise quarterly update - February 2025

Published on 26 Feb 2025. By Adam Craggs, Partner and Michelle Sloane, Partner

Welcome to the first edition of 2025! In this edition, we report on significant news items from critical changes to the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 (WOWGR) to the newly implemented EU General Product Safety Regulation (GPSR). In our case law section, we analyse three recent decisions relating to the classification of wetsuits and aluminium roller banner stands and excise duty penalties.

V@ update - February 2025

Published on 25 Feb 2025. By Adam Craggs, Partner and Jasprit Singh, Senior Associate

Welcome to the February 2025 edition of RPC's V@, our monthly update which provides news and analysis from the VAT world.

The Public Accounts Committee's report on tax evasion in the retail sector

Published on 21 Feb 2025. By Adam Craggs, Partner and Jasprit Singh, Senior Associate

Adam Craggs and Jasprit Singh share their thoughts on the Public Accounts Committee’s criticisms of HMRC’s approach to tax evasion in the retail sector

R&D claim upheld by Tax Tribunal

Published on 20 Feb 2025. By Alexis Armitage, Senior Associate

In Collins Construction Ltd v HMRC [2024] TC09332, the First-tier Tribunal (FTT) upheld the company's claim for R&D tax relief rejecting HMRC's claims that the expenditure was "subsidised" or tied to "contracted out" activities.

Contentious Tax Review

Published on 13 Feb 2025. By Adam Craggs, Partner and Liam McKay, Of Counsel

A recap of important tax decisions from 2024, with a particular focus on interesting procedural and jurisdictional issues that the tax tribunals and courts considered, including decisions on anonymity in tax appeals, cross-examination in judicial review, and the consequences of failing to comply with tribunal directions.

Tribunal allows taxpayers' appeals as they were carrying on a business with a view to profit

Published on 06 Feb 2025. By Jasprit Singh, Senior Associate

In GCH Corporation Ltd and others v HMRC [2024] UKFTT 922 (TC), the First-tier Tribunal (FTT) allowed the taxpayers' appeals and concluded that GCH Active LLP was carrying on a "business" with a view to profit at the time loan notes were transferred to it and the requirements of section 59A, Taxation of Chargeable Gains Act 1992 (TCGA), were therefore satisfied and the transfers were capital contributions rather than disposals and no chargeable gain arose.