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Perspective - Blog

Hong Kong – Claim pleading duty of care against auditor struck out for "putting the cart before the horse"

Published on 28 Oct 2022. By Antony Sassi, Managing Partner, Asia and David Smyth, Senior Consultant and Anson Lo, Associate

In Chan Kam Cheung v Ronnie K W Choi & Anor [2022] HKCFI 3028, a judge upheld a master's (judicial officer's) decision to strike out the plaintiff shareholder's action against the former auditors of the company.

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Perspective - Blog

Solicitors Entitled to Insurance Cover for Liability for Fees: Royal Sun Alliance Insurance Limited & Others v Tughans (a firm)

Published on 27 Oct 2022. By Nick Bird, Partner and Cheryl Laird, Senior Associate (Scottish Qualified)

In a recent judgment, Foxton J held that a claim for damages against a firm of solicitors for fees which it was contractually entitled to was covered under the firm's professional indemnity insurance. He held that it did not matter if the fees were obtained through the solicitor's fraudulent misrepresentation provided that the solicitor had done what was required under the contract to earn the fees. The decision will not be welcomed by insurers.

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Perspective - Blog

Shorter time limit for Third Parties (Rights Against Insurers) Act 2010 claims

Published on 08 Sep 2022. By Robert Morris, Partner

A recent judgment has reduced the limitation period for third parties to make direct claims against insurers under the Third Parties (Rights Against Insurers) Act 2010 when compared to claims under the predecessor 1930 Act. The decision will make it easier for insurers to defend such claims on limitation grounds.

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Perspective - Blog

Risky Business: what to do when former clients ask further questions

Published on 22 Aug 2022. By Anna Murley, Senior Associate and Claire Revell, Partner

In Spire Property Development LLP & Anor v Withers LLP [2022] EWCA Civ 970, the Court of Appeal considered the scope of a solicitor's duty when a former client posed questions to a solicitor concerning a transaction after the retainer had ended. The judgment will be of interest to solicitors who are asked for advice in circumstances where no retainer exists.

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Perspective - Blog

Double warning for legal professionals: do not cut corners with disclosure

Published on 26 Jul 2022.

Further to a recent decision made by the Bar Tribunals and Adjudication Service, the Bar Standards Board has suspended a "top criminal silk" from practice on grounds of professional misconduct in respect of his failure to disclose material evidence during criminal proceedings in 2007. The decision, and the judgment made by the Court of Appeal in those proceedings, reiterates the importance of the ongoing obligation on legal professionals to give disclosure and comply with their duties to the court.

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Perspective - Blog

Post COVID-19 UK: What Will the Professional Negligence Claims Landscape Look Like?

Published on 28 Jun 2022. By Cheryl Laird, Senior Associate (Scottish Qualified) and Will Sefton, Partner and Head of Professional and Financial Risks

The cost of living is at an all-time high, with interest rates increasing and inflation currently sitting at around 9%. The chances of a recession in the UK over the next two years have increased. It will come as no surprise that we expect the number of claims against law firms to rise as the economic downturn takes hold, as was the case in 2008 and recessions before it.

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Perspective - Blog

Important Court of Appeal clarity on the operation of s1(4) of the Civil Liability (Contribution) Act 1978

Published on 12 Apr 2022. By Rhian Howell, Partner & Head of Office, Bristol and Sam Kneebone, Senior Associate

A recent Court of Appeal decision (in which RPC acted for the successful barrister Appellant) provides important clarification on the operation of section 1(4) of the Civil Liability (Contribution) Act 1978 (“the Act”). Although the matter concerned a contribution claim by a solicitor against a barrister brought pursuant to the Act, the decision is of wider relevance/application for litigation practitioners and the Insurance market.

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Perspective - Blog

The X-Client Files: who owns a solicitor's file

Published on 23 Feb 2022. By Claire Revell, Partner

It's a perennial headache for solicitors: what exactly am I supposed to do when a client asks me for 'their file'?

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Perspective - Blog

Good faith does not go both ways

Published on 31 Jan 2022.

It is common knowledge that solicitors owe fiduciary duties to their clients but what about the other way around? Do clients owe a duty of good faith to their solicitors (as an implied term of the retainer)?

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Perspective - Blog

FOS proposals to clear the back-log - attractive or not?

Published on 18 Oct 2021. By Cory Gilbert-Haworth, Associate and Rachael Healey, Partner

The Financial Ombudsman Service (FOS) has proposed a temporary approach to the classification of certain complaints in an attempt to alleviate their complaints backlog exacerbated during the COVID-19 pandemic. The approach could see firms looking to pro-actively resolve complaints before a defined cut off date before FOS reaches a decision so that the complaint is recorded separately and not as a "change in outcome" (i.e. where a complaint has been rejected by a business and upheld by FOS). The consultation was open for a short two-week period between 4 and 18 October 2021.

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Perspective - Blog

Aggregation under the solicitors' minimum terms: are primary layer insurers ready for potentially limitless liability?

Published on 13 Aug 2021. By Laura Stocks, Partner and George Barratt, Senior Associate

In Baines v Dixon Coles & Gill the Court of Appeal has substantially limited the extent to which claims against solicitors can aggregate.

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Perspective - Blog

Weighty issues for diet app developers

Published on 04 Jan 2022. By Dorothy Flower, Partner

2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

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Perspective - Blog

Stay on top of Intellectual Property

Published on 20 Apr 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

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Perspective - Blog

Digital Markets, Competition and Consumers Act becomes law

Published on 04 Jun 2024. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner and Leonia Chesterfield, Of Counsel and Melanie Musgrave, Of Counsel

Following the announcement of a date for the general election, the Digital Markets, Competition and Consumers Act (DMCC) rapidly sped through the final stages of parliamentary processes to become law on 24 May 2024

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Perspective - Blog

Ofcom's 'Roadmap to Regulation' underway with its consultation on illegal harms duties under the Online Safety Act

Published on 12 Jan 2024. By Jessica Kingsbury, Associate

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.

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Perspective - Blog

Criminal Liability for Senior Managers under the Online Safety Act

Published on 05 Oct 2023. By Jessica Kingsbury, Associate

Under the Online Safety Act (OSA), senior managers of in-scope services could be held personally liable in certain circumstances for the company's non-compliance with obligations within the legislation.

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Perspective - Blog

The Online Safety Bill is set to become law

Published on 21 Sep 2023. By Rupert Cowper-Coles , Partner, Media and Nadia Tymkiw, Senior Associate and Jessica Kingsbury, Associate

The Online Safety Bill will shortly become law in the UK as soon as it receives Royal Assent. The legislation will introduce a new regulatory regime for online platforms and search engines which target the UK, imposing wide-ranging obligations on in-scope services with serious consequences for non-compliance.

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Perspective - Blog

Hong Kong's enhanced e-reporting system for internet fraud

Published on 06 Oct 2022. By Jonathan Crompton, Partner

On 19 September 2022, the Hong Kong Police Force announced its upgraded e-reporting system for internet crimes and frauds, which aims to improve the processing and analysing of cyber crimes.

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Perspective - Blog

European Parliament formally adopts Digital Services Act

Published on 16 Aug 2022. By David Cran, Partner, Head of IP & Tech and Sophie Tuson, Senior Associate and Joshy Thomas, Knowledge Lawyer

Following provision political agreement by the Council and the European Parliament in April 2022, on 5 July 2022 the European Parliament formally adopted the Digital Services Act (DSA). The DSA has yet to be adopted by the Council.

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Perspective - Blog

RPC Insurtech in brief - January 2022

Published on 14 Jan 2022. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the January edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief - October 2021

Published on 21 Oct 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the October edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief - November 2021

Published on 21 Oct 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the November edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief - September 2021

Published on 14 Sep 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the September edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief - August 2021

Published on 16 Aug 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the August edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief - July 2021

Published on 16 Jul 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the July edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief - June 2021

Published on 17 Jun 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the June edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief - May 2021

Published on 10 May 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the May edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief April 2021

Published on 07 Apr 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Senior Associate

Welcome to the April edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief – March 2021

Published on 05 Mar 2021. By Neil Brown, Partner and Lauren Murphy, Senior Associate

Welcome to the latest edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

Commercial Court cracks down on crypto-fraudsters (if it can find them)

Published on 18 Feb 2021. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate and Becky Baker , Associate

In the first initial coin offering 'ICO' fraud case before the Commercial Court, Ion Science Limited & Duncan Johns v Persons Unknown & Ors, the court granted permission to serve disclosure orders on two cryptocurrency exchanges through which the claimants' stolen bitcoin had been traced, granted a world-wide freezing order against persons unknown, and gave ground-breaking guidance on the lex situs of crypto-assets.

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Perspective - Blog

RPC Insurtech in brief – January 2021

Published on 29 Jan 2021. By Neil Brown, Partner and Lauren Murphy, Senior Associate

Welcome to the latest edition from RPC Insurtech in brief providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

RPC Insurtech in brief – December 2020

Published on 15 Dec 2020. By Neil Brown, Partner and Lauren Murphy, Senior Associate

Welcome to the latest edition from RPC Insurtech in brief providing you with a handful of snappy monthly updates from the industry.

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Perspective - Blog

New virtual insurer for Hong Kong

Published on 29 Apr 2020. By Andrew Carpenter, Partner

This month saw the award of a further virtual insurer licence in Hong Kong – this time for OneDegree (on 15 April 2020). The start-up will focus, initially, on the burgeoning Hong Kong pet insurance market, before a proposed expansion into health and cyber risk.

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Perspective - Blog

Future Fund

Published on 24 Apr 2020. By Sukh Ahark, Partner, Co-head of India Desk and Lauren Murphy, Senior Associate

The Chancellor has announced the launch of a £500m co-investment fund for start-ups adversely impacted by the coronavirus. The 'Future Fund' operates through the government matching private sector money with state-backed loans that can convert into equity stakes in the start-up.

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Perspective - Blog

Loot Boxes: what's in the box?

Published on 29 Jan 2020. By Jonathan Greenway, Senior Associate

On 12 September 2019 the House of Commons Digital, Culture, Media and Sport Committee (DCMS) released its report into what it calls "immersive and addictive technologies".

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Perspective - Blog

RPC provides response to 'Online harms' consultation

Published on 02 Jul 2019.

This consultation response is submitted on behalf of RPC's Tech Group*. RPC is an international law firm with offices in London, Bristol, Hong Kong and Singapore. RPC acts for a range of clients from start-ups to multi-nationals in the technology, media, and retail sectors and for their insurers. RPC's Tech Group provides specialist advice on regulation, content liability, commercial contracts, outsourcing, data protection, cyber, intellectual property, e-commerce, and investigations and disputes. Views expressed in this submission do not necessarily represent those of our clients.

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Perspective - Blog

Information requirements to change under European communications contracts

Published on 18 Oct 2018.

The rules around what needs to be provided to consumers under communications contracts are going to be changing under the new European Electronic Communications Code. This will have implications for consumer contracts provided by communication providers in Europe, including broadband, voice and "over the top" providers.

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Perspective - Blog

Connected and Autonomous Vehicles: Changes ahead for UK road traffic laws

Published on 22 Jan 2018.

The UK Government has recently launched a consultation on proposals to amend the Road Vehicles (Construction and Use) Regulations 1986 (Regulations) and the Highway Code. The proposed changes will clarify the legal position for use of features in Connected and Autonomous Vehicles (CAVs) and should bring the UK law in line with recent updates to international rules.

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Perspective - Blog

Digital Comparison Tools: The CMA's Verdict

Published on 20 Oct 2017. By Melanie Musgrave, Of Counsel

The CMA has recently concluded its year-long digital comparison tools (DCT) market study with the publication (on 26 September 2017) of its Final Report. However, this is by no means the end of the story. In addition to making recommendations to DCTs, their users, the regulators (in particular, the FCA), other bodies and the Government, the CMA has launched a competition investigation into the use of wide "most favoured nation" (MFN) contractual arrangements by a DCT in the home insurance sector and will keep other commercial arrangements under review.

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Perspective - Blog

EBA encourages banks to pool their resources for cloud audits

Published on 02 Jun 2017.

The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

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Perspective - Blog

A mutual break-up? – Old Mutual drops IT supplier IFDS

Published on 05 May 2017.

Old Mutual Wealth has ditched its IT supplier, International Financial Data Services, on £450 million platform project.

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Perspective - Blog

Licensors beware – BlackBerry wins refund of royalties from Qualcomm

Published on 02 May 2017.

Smartphone chip supplier Qualcomm has been ordered to pay back $814.9 million to BlackBerry as part of a binding interim arbitration settlement.

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Perspective - Blog

Digital comparison tools: the CMA decides against a market investigation reference

Published on 30 Mar 2017. By Melanie Musgrave, Of Counsel

Six months after the CMA launched its market study into digital comparison tools, it has decided not to make a market investigation reference, but will focus on four areas of possible concern in a second phase of its market study.

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Perspective - Blog

Blockchain technology for contracts: Above the law?

Published on 23 Mar 2017.

A recent report by the European Parliamentary Research Service (EPRS) explores how blockchain technology could continue to develop and impact on a number of key areas of everyday business and life in general. One area explored by the EPRS report relates to the use of blockchain for so-called 'smart contracts'.

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Perspective - Blog

Licensees beware - SAP wins victory against Diageo for breach of software licence agreement

Published on 08 Mar 2017.

In a significant ruling for software customers and providers, the High Court found that Diageo breached the "Named User" pricing mechanism of its software licence agreement with SAP.

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Perspective - Blog

Online Sales and Price-Fixing

Published on 01 Dec 2016. By Melanie Musgrave, Of Counsel

The CMA recently issued a warning to online retailers against price-fixing and using automated re-pricing software to facilitate such arrangements.

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Perspective - Blog

Digital comparison tools under review

Published on 12 Oct 2016. By Melanie Musgrave, Of Counsel

The UK's CMA has launched a market study into price comparison tools, such as price comparison websites and smartphone apps. The aim is to establish what action, if any, is required to improve how this market works. The CMA has until 28 March 2017 to decide whether to open an in-depth market investigation.

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Perspective - Blog

Blocking the blockers: EU prohibits network-wide ad-blocking

Published on 12 Sep 2016. By Oliver Bray, Senior Partner

Mobile phone operators' plans to introduce network-wide ad-blocking technology are in jeopardy following new guidance from EU telecoms regulators, a move which highlights the divide between content providers and telecoms companies in their attitude towards ad-free content.

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Perspective - Blog

Drones: don't fly out of bounds (legally)

Published on 27 Jul 2016.

Various commercial industries have already woken up to the myriad opportunities offered by drone technologies. Whilst the regulatory regime evolves, it is important that companies don’t fall foul of the law.

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Perspective - Blog

Price fixing online – a new competition authority warning

Published on 18 Jul 2016. By Melanie Musgrave, Of Counsel

The UK's Competition and Markets Authority ("CMA") has released an open letter to suppliers and retailers warning against online practices which constitute price fixing.

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