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The Work Couch: 12 days of Christmas - A look back at 12 key employment law developments from 2023

Published on 13 Dec 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Interest clauses – displacing the courts’ wide discretionary powers to award interest on debt or damages

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

What is the courts’ approach to awarding statutory interest when a contract provides for contractual interest.

Incorrect invoicing – claiming the difference between sums mistakenly invoiced and sums correctly due under agreement terms

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

When a supplier invoices a lower sum than the figure due under the agreement, can the customer defend a claim in debt based on incorrect invoicing?

Excluding statutory implied terms – inequality of bargaining power considerations

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

In what circumstances is it reasonable to exclude the statutory implied term as to quality?

Express and implied good faith obligations and relational contracts

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

Did an express or implied general duty of good faith arise under a relational contract between parties who were also competitors?

SPA breach of warranty claim – interpreting a no material adverse change warranty

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

How will the courts assess an alleged breach of a warranty that there had been no material adverse change in the financial prospects of a company?

Exclusion clauses - loss of profits and wasted expenditure

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

What factors does the court take into account when construing an exclusion clause that covered loss of profits and wasted expenditure, and how does the court approach arguments on whether UCTA applies where the parties are dealing on standard terms of business that have been subject to some negotiation?

A tale of a SIPP administrator, a complainant's fraudulently intercepted email account and a missing £20,000

Published on 12 Dec 2023. By Ben Simmonds, Associate and Rachael Healey, Partner

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".

Data dispatch - December 2023

Published on 12 Dec 2023. By Jon Bartley, Partner

Welcome to the second edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.

Snapshots Winter 2023

Published on 12 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Tackling "Tax avoidance" this Christmas season with Sam Brodsky

Published on 12 Dec 2023.

As the cost of living crisis bites more than ever this year, in this special Christmas episode of RPC's Taxing Matters, we bring you some Christmas cheer by way of a light-hearted discussion of some of the potential ways you may be able to reduce your tax bill. In addition, we'll also have a quick look at Santa's tax position in the run up to Christmas and whether he might be guilty of tax avoidance … or even tax evasion!

Source@RPC - December 2023

Published on 12 Dec 2023. By Mark Crichard, Partner

The aim of Source@RPC is to provide lawyers, procurement professionals and CIOs/CTOs (amongst others) with a regular update on the legal implications and risks (and how best to manage them) of sourcing and utilising technology and outsourced technology-enabled services, as they affect businesses operating in the insurance and financial services sector.

Court of Appeal upholds tribunal decision on the taxation of limited partnership transactions

Published on 11 Dec 2023.

Code of Conduct for Leasing of Retail Premises to take effect from 1 February 2024

Published on 11 Dec 2023. By Bonnie Wong, Of Counsel

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.

ICO issues preliminary enforcement notice against Snap for its “My AI” Chatbot

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can organisations who wish to join to the world of generative AI ensure that they adequately assess the risks from the perspective of the Information Commissioner’s Office (ICO)?

New Development: EDPB provides clarification on tracking techniques covered by the ePrivacy Directive

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

On 14 November 2023, the European Data Protection Board (EDPB) adopted a set of new guidelines (the Guidelines) on the technical scope of Article 5(3) of the ePrivacy Directive (the ePD).

Clearview AI cleared of £7.5m ICO fine for processing data outside the UK

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Just how did the processing of personal data by Clearview AI (Clearview) fall outside the scope of UK GDPR?

ICO publishes guidance to ensure lawful monitoring in the workplace

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can employers monitor their workers whilst maintaining their trust and complying with data protection regulation?

ICO publishes its draft “Data Protection Fining Guidance” for public consultation

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How will the Information Commissioner’s Office (ICO) calculate the amount of a fine under the UK GPDR and the Data Protection Act (DPA) 2018?

EU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Does the theft of an individual’s sensitive personal data by a wrongdoer give rise to compensation for non-material damage under Article 82 EU General Data Protection Regulation (GDPR), if the wrongdoer has not used, or taken steps to use, the sensitive personal data for any purpose?

Platforms with Irish HQs win EU case to follow Irish law

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Do platforms have additional regulatory obligations in EU states, even if they don’t have a registered office there?

Ofcom issues draft guidance and launches consultation on the Online Safety Act 2023

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What can platforms expect from Ofcom, as it steps into its new role regulating compliance with the Online Safety Act 2023 (the Act)?

European consumer group files greenwashing complaint over water bottle recyclability

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Will a consumer group complaint about recyclability and the use of green imagery on water bottle packaging be successful in proving a breach of EU regulations against greenwashing? And what will this mean for wider industry using recyclable or recycled packaging?

Last chance saloon: EU consumers only have one opportunity to withdraw from auto-renewing subscription contracts

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

When do EU consumers have a right to withdraw from subscription contracts? And how will this differ to the UK’s approach under the new Digital Markets, Competition and Consumers Bill (DMCC)?

New Development: European Parliament adopts draft report to address the addictiveness of digital platforms

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Earlier this year, the European Parliament published a draft report (the Report) on the addictive design of online services and consumer protection.

The Week That Was - 8 December 2023

Published on 08 Dec 2023. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

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

Sports Ticker #99: Golf's big hitters, Women's FA breakaway and tennis elite tour – a speed read of commercial updates from the sports world

Published on 08 Dec 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the Premier League agree a new £6.7 billion deal with Sky and TNT Sports, France named the preferred candidate for the 2030 Winter Olympic and Paralympic Games, and 518 million people watch the ICC Cricket World Cup live through Disney Star, we bring you updates on Trent Alexander-Arnold's £26 million Adidas deal, new rules for golf balls, and a potential F1-style tennis tour.

Cyber_Bytes - Issue 59

Published on 08 Dec 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Rise's Holiday Movie night: A Reel-y Festive Gathering!

07 Dec 2023

Welcoming all early to mid-career professionals across the insurance market, we invite you to join us for Rise with RPC's Rise's Holiday Movie Night: A Reel-y Festive Gathering!

What if the CEO asks me about… preparing for new sustainability reporting requirements?

Published on 07 Dec 2023. By Connor Cahalane, Partner - Corporate and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

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.

Product law bulletin – December 2023

Published on 07 Dec 2023. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Mamata Dutta, Partner and Elinor Sidwell, Associate and Andrew Martin, Associate and Rashna Vaswani, Associate

Welcome to the latest edition of our product law bulletin, this month we focus on: • EU CE marking recognition extended indefinitely • Best Practice for food allergen labelling published by FSA • Consultation on non-surgical cosmetic procedures • UK Product Safety Review Consultation • EU Product Liability Directive • New regulations on batteries • Developments in e-scooter and e-bike battery safety discussion

Florida: Insurance in the Sunshine State (With David Altmaier)

Published on 07 Dec 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by David Altmaier, former Commissioner of Insurance for Florida State and now Consultant for the Southern Group Florida. In this episode they will discuss the Florida insurance market and David's time as Insurance Commissioner.

Tax Bites - December 2023

Published on 07 Dec 2023. By Adam Craggs, Partner

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

ASA rulings warn airlines against making 'broad and absolute' environmental claims

Published on 06 Dec 2023. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Regulator uses AI system to proactively search and identify online adverts that might break the rules on greenwashing

RPC earns top ranking for Crypto-Asset Disputes in the UK

Published on 05 Dec 2023. By Dan Wyatt, Partner and Sarah Mountain, Partner

International law firm RPC has been ranked for the first time in Chambers and Partners 2024 FinTech Guide, achieving Band 1 for Crypto-Asset Disputes in the UK.

Football club investment deals up more than a quarter in last year

Published on 04 Dec 2023. By Joshua Charalambous, Partner

Investors seeking to make immediate impact with capital for stadia, training facilities and infrastructure key Highly-anticipated Manchester Utd deal latest move in multi-sport structures

Arresting times: Significant changes to UK corporate criminal liability and corporate transparency

Published on 04 Dec 2023. By Karen Hendy, Partner, Head of Corporate

The Economic Crime and Corporate Transparency Bill (the Bill) is set to overhaul the existing corporate criminal liability and corporate transparency regimes.

Take 10 - 4 December 2023

Published on 04 Dec 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

UT dismisses HMRC's appeal and upholds decision in relation to private residence relief

Published on 01 Dec 2023. By Alexis Armitage, Senior Associate

The Week That Was - 1 December 2023

Published on 01 Dec 2023. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

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

New 'polluter pays' proposals from the FCA - are these toxic?

Published on 30 Nov 2023. By Kerone Thomas, Associate and David Allinson, Partner

The FCA has released a consultation paper (CP 23/24), proposing new measures for personal investment firms (PIFs) to set aside capital for potential redress liabilities at an early stage. These changes aim to address consumer harm caused and reduce the burden on the Financial Services Compensation Scheme (FSCS).

Project Angel Bidco v AXIS - what are the key takeaways for warranty and indemnity insurers?

Published on 30 Nov 2023. By James Wickes, Partner and Matthew Wood, Of Counsel and Matt Ward, Associate

On 31 October 2023, the London Circuit Commercial Court gave judgment in Project Angel Bidco Limited (in administration) v Axis Managing Agency Limited & Ors (2023) EWHC 2649.

RPC insurance partner named as Winner in Lexology Client Choice Awards 2024

Published on 29 Nov 2023. By Carmel Green, Partner

Carmel Green sole recipient of Insurance & Reinsurance, Hong Kong category

V@ update - November 2023

Published on 29 Nov 2023. By Adam Craggs, Partner

Welcome to the November 2023 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world relevant to your business.

Lawyers Covered - November 2023

Published on 29 Nov 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Simon Love, Senior Associate and Jo Makin, Senior Associate and Charlotte Thompson, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

RPC Bites #58: Trade mark troubles, cheese-y appeals, warm ice cream and low-alcohol labelling...

Published on 29 Nov 2023. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Ben Mark, Partner

Welcome back to RPC Bites. With a definite chill in the autumn air, our aim in the next 2 minutes is to provide you with a warming flavour of key legal, regulatory, and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

Customs and excise quarterly update - November 2023

Published on 29 Nov 2023. By Adam Craggs, Partner and Michelle Sloane, Partner

Welcome to the November 2023 edition of RPC's Customs and Excise Quarterly Update.

RPC advises Shepherd Neame in respect of its long-term logistics and distribution operations

Published on 29 Nov 2023. By Tom Purton, Partner

International law firm RPC has advised Shepherd Neame in respect of one of its most significant contracts to date as it enhances its warehousing and logistics partnership with GXO Logistics (GXO), and substantially invests in its Faversham warehouse and improves its secondary distribution operations.

Reforms to working time record-keeping, holiday pay and entitlement, and TUPE consultation

Published on 28 Nov 2023. By Patrick Brodie, Partner, Head of Employment, Engagement and Equality and Charlotte Bray, Associate

The government has issued its response to the consultation on reforms to retained EU employment law proposed earlier this year.

A day in the life of a tax adviser with Jeremy Johnson

Published on 28 Nov 2023.

In this episode of Taxing Matters, we are joined by Jeremy Johnson, managing director of inTAX Limited.