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Perspective - Blog

Tips for approaching innovations using consumer data

Published on 19 Jul 2022. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

Now more than ever, retailers are faced with a wide array of opportunities to use customer data to achieve their commercial objectives. By spotting and assessing key risks early, organisations will be better equipped to avoid breaches of data protection law that may lead to costly fines or claims, failed projects and reputational damage.

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Perspective - Blog

Are the brakes on for Quick Commerce?

Published on 20 Jun 2022. By Luke Stewart , Senior Associate and Eleanor Harley , Senior Associate

With consumers continuing to prioritise speed and convenience in the wake of the Covid-19 pandemic, there has been significant consumer uptake in the use of ultra-fast grocery delivery apps such as Zapp, Gorillas and Getir since early 2020.

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Perspective - Blog

Fake it till you make it? The Government says no more to fake reviews plus tightens up on subscription models

Published on 30 May 2022. By Stevie Vella , Associate

The UK Government has confirmed that new consumer rules will come into force to "shield the public from rip-offs and boost competition". Although not confirmed when these will be introduced, the top three issues on its hit list are fake reviews, "subscription traps" and prepayment schemes.

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Perspective - Blog

CMA pushing for more powers on sustainability

Published on 17 Mar 2022. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

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Perspective - Blog

Hire Heels: why the rental clothing market matters

Published on 16 Sep 2021.

The old saying that "you can't wear the same outfit twice" doesn't fit well with younger consumers in particular, who are concerned about sustainability and the environmental hazards posed by fast fashion outlets.

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Perspective - Blog

Buy-Now-Pay-Later under the regulatory microscope

Published on 07 Sep 2021. By Whitney Simpson, Of Counsel

Growth in the Buy-Now-Pay-Later (BNPL) sector is showing no signs of slowing. Square's recent $29 billion acquisition of BNPL behemoth Afterpay being the latest signal that the market is on an upward trajectory. In 2020 alone over 10 million Brits used BNPL to purchase goods online, accounting for nearly 4% of online retail sales. The Financial Conduct Authority (FCA) found that usage had very nearly quadrupled to account for £2.7 billion of spending in 2020. Such popularity, particularly among Gen-Z and Millennials, spans the globe with American consumers spending an estimated $20 billion to $25 billion in 2020 by way of deferred payments.

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Perspective - Blog

A meaty debate: traditional vs lab-grown alternatives

Published on 13 Aug 2021. By Ben Mark, Partner and Noonie Holmes, Associate

The number of vegans and vegetarians in the UK has skyrocketed in recent years and there are an increasing number of 'flexitarians' aiming to reduce their meat intake for health and environmental reasons. Barclays predicts the meat-alternatives market could be worth £140bn by 2029, which is equivalent to 10% of the global meat industry. This market includes both plant-based foods and newer lab-grown meats.

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Perspective - Blog

Marketing mishap costs Papa John's

Published on 14 Jul 2021. By Jon Bartley, Partner and Kiran Dhoot, Associate

Last month, the Information Commissioner's Office ("ICO") has issued a £10,000 fine to Papa John's for sending over 165,000 marketing messages without properly meeting the requirements of the "soft opt-in" rule.

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Perspective - Blog

Retailers to be consulted on new legislation for protection from terrorist attacks

Published on 22 Jun 2021. By Gavin Reese, Partner, Head of Regulatory

The Government is currently consulting with the public and retailers to seek their views on proposed legislation requiring the occupiers of "publicly accessible locations" to implement measures to protect employees and members of the public in the event of a terrorist attack.

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Perspective - Blog

Re-commerce: the future of luxury fashion?

Published on 21 Jun 2021. By Paul Joukador, Partner and Harpreet Kaur, Associate

With Gen Z successfully catapulting fashion resale platforms like Depop, StockX and Vinted into the limelight over the last decade, has the time come for the luxury market to enter the world of re-commerce?

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Perspective - Blog

The Great British (Local) High Street

Published on 14 Jun 2021. By Dea Gagoshidze, Associate

There is no doubt that the UK high street has been hit hard in recent years, not least by the impacts of the COVID-19 pandemic. But alongside the headline grabbing news of shop closures, there were in fact over 7,500 new shop openings between 1 January 2020 and 31 December 2020.

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Perspective - Video

TerraLex virtual meeting: The new wave of M&A

Published on 18 Jun 2020. By Neil Brown, Partner and Paul Joukador, Partner

In this video presentation, RPC's Neil Brown and Paul Joukador meet with Lori Green and Rick McGuirk to discuss issues related to force majeure, frustration of purpose, material adverse change, and how they’ve been impacted and will likely change in the post-pandemic world.

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Perspective - Blog

The November 2023 AI safety summit and the UK's direction of travel

Published on 29 Aug 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner and Joshy Thomas, Knowledge Lawyer

The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.

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Perspective - Blog

Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)

Published on 25 Aug 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).

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Perspective - Blog

Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)

Published on 14 Aug 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.

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Perspective - Blog

A narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)

Published on 25 Jul 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.

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Press and Media

Chambers Asia Pacific recommends RPC Premier Law in three categories

Published on 15 Dec 2023.

Chambers Asia Pacific recommends RPC Premier Law in three categories, with a new ranking for Corporate/M&A: Domestic in its recently published 2024 edition.

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Perspective - Snapshot

UK Government sets out proposals for regulation of AI

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?

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Perspective - Snapshot

Ofcom prepares for implementation of Online Safety Bill

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?

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Perspective - Snapshot

European Parliament adopts the Digital Markets Act and the Digital Services Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What are the next steps in the legislative timelines for the Digital Markets Act (DMA) and the Digital Services Act (DSA) and what should companies be doing now to prepare?

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Perspective - Snapshot

UK announces new copyright exemption for text and data mining to promote AI development

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?

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Perspective - Snapshot

The EU Accessibility Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?

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Perspective - Snapshot

Snapshots Autumn 2022

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

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

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Perspective - Snapshot

Snapshots Summer 2022

Published on 03 Jun 2022. By Oliver Bray, Senior Partner

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

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Perspective - Snapshot

Ofcom guidance on advertising on video-sharing platforms

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

What do operators of video-sharing platforms (VSPs) need to do to stay compliant with Ofcom’s guidance for advertising on their platforms?

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Perspective - Snapshot

UK government announces the launch of an AI standards hub

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?

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Perspective - Snapshot

Amended Digital Services Act adopted by European Parliament

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

How will the European Parliament’s proposed amendments to the Digital Services Act affect consumers?

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Perspective - Snapshot

CMA secures changes to Xbox auto-renewal practices

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

How far do Microsoft’s latest undertakings to the Competition and Markets Authority (CMA) signal a need for all businesses to improve transparency and controls on automatically renewing subscriptions?

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Perspective - Snapshot

Snapshots Winter 2021

Published on 17 Jan 2022. By Oliver Bray, Senior Partner

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

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Perspective - Snapshot

Snapshots Autumn 2020

Published on 02 Nov 2020. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

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Perspective - Snapshot

Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?

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Perspective - Snapshot

What were the CMA’s key findings in its final report on online platforms and digital advertising?

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?

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Perspective - Snapshot

The ASA’s new UK Scam Alert System

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?

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Perspective - Snapshot

Wish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

Will an ad of a sexually graphic nature be deemed to be inappropriately targeting consumers and causing harm and offence if it appears on general audience platforms?

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Perspective - Snapshot

Playrix: gameplay footage must be representative of the gaming experience

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?

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Perspective - Snapshot

P&G: verification requirements in comparative advertising campaigns

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?

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Perspective - Snapshot

BOXT: ‘next day delivery’ and comparative pricing claims

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How careful do you need to be with “next day delivery” claims? And is one product comparison enough when making a price comparison claim?

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Perspective - Snapshot

Sky UK: clarity over upfront costs and different fees charged to different groups

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?

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Perspective - Blog

No objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?

Published on 22 Jul 2024. By Tatiana Minaeva, Partner and Head of Investor-State Arbitration and Fred Kuchlin, Senior Associate

The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging jurisdiction under s. 67 of the Arbitration Act 1996 (the Act) by failing to raise an objection while continuing to take part in the arbitration.

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Perspective - Blog

New digital markets regime guidance published for consultation

Published on 28 Jun 2024. By Tom McQuail, Partner and David Cran, Partner, Head of IP & Tech and Melanie Musgrave, Of Counsel and Leonia Chesterfield, Of Counsel and Ben Powell, Associate

The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.

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Perspective - Blog

The Digital Markets, Competition and Consumers Act – the Competition Perspective

Published on 28 Jun 2024. By Tom McQuail, Partner and Chris Ross, Partner and Melanie Musgrave, Of Counsel and Leonia Chesterfield, Of Counsel

This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.

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Perspective - Blog

Recent CAT rulings consider distribution concerns

Published on 13 Jun 2024. By Chris Ross, Partner and Leonia Chesterfield, Of Counsel and William Carter, Senior Associate

With two collective settlements now approved by the UK's Competition Appeal Tribunal (CAT) and the outcome of the first substantive trial in the case of Le Patourel v BT anticipated shortly, it is an important time for the competition collective proceedings regime as the first sums start to be paid out to affected classes.

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Perspective - Blog

UK CAT Collective Proceedings Spring 2024 Update

Published on 30 Apr 2024. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner and Leonia Chesterfield, Of Counsel

Last year, we reported on what was then a fledgling collective proceedings regime in the UK’s Competition Appeal Tribunal (CAT). Our 2023 update is here. Since then, the competition collective proceedings regime has continued to grow at pace, notwithstanding the seismic Supreme Court decision in PACCAR affecting the underlying funding arrangements which underpin the entire collective proceedings landscape.

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Perspective - Blog

BT case may shape UK class action landscape

Published on 05 Mar 2024. By Chris Ross, Partner and Leonia Chesterfield, Of Counsel and William Carter, Senior Associate

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.

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Perspective - Blog

Delay at your peril: High Court holds that two week delay causes party to lose right to object to irregularity in arbitration

Published on 02 Aug 2023. By Ana Margetts, Associate and Tatiana Minaeva, Partner and Head of Investor-State Arbitration

In Radisson Hotels v Hayat Otel, (1). the High Court found that the claimant ("Radisson") had lost its right to challenge an arbitration award (the "Award") by continuing to take part in the proceedings for a period of two weeks after becoming aware of improper conduct by one of the arbitrators (the "Arbitrator"). The court also rejected Radisson's subsequent application seeking to redact the identities of the parties and any details which might identify them in the judgment, in order to preserve the confidentiality of the underlying arbitration (2). While the judge acknowledged Radisson's desire to keep the arbitration confidential, this ultimately did not outweigh the general public interest in open justice.

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Perspective - Blog

Best of both worlds with PD57AC? High Court allows opinion evidence in factual witness statement

Published on 02 Aug 2023. By Rosy Gibson, Associate

The High Court has allowed the witness statement of a factual witness even though the claimant had previously intended to instruct him as an expert and his statement contained opinion evidence (Polypipe Limited v Peter Russell Davidson) ([2023] EWHC 1691 (Comm). The judge confirmed that such evidence is admissible where the witness is suitably qualified, but it will not be accorded the same weight as a formal expert report. Separately, this appears to be the first reported case in which the court accepted that permission for an extension to the deadline for expert reports could be made conditional on disclosure of any unserved report(s), though the court declined to prescribe that condition in this case.

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Perspective - Blog

Scots law decision confirms that privilege doesn’t change its spots

Published on 19 Jul 2023. By Tim Potts, Senior Associate

The Scots law judgment in University of Dundee v Chakraborty [2023] CSIH 22 has reiterated that whether or not a document is protected by legal professional privilege is determined at the point in time at which the document is created. A non-privileged document cannot later acquire privileged status. The judgment also made certain findings about waiver of privilege which may be more controversial, particularly in the context of regulatory investigations.

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Perspective - Publication

Court of Appeal orders solicitor be struck off for serious breaches of accounts rules

Published on 27 Jun 2023. By Sumarsono (Jacky) Darsono, Partner and Jennifer Leung, Associate

In an important judgment in Law Society of Hong Kong v A Solicitor, the Court of Appeal set aside an order that a solicitor be suspended from practice for 24 months and substituted it with an order that he be struck off from the roll of solicitors.

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Event

Book Launch – A Commentary on the LCIA ARB Rules Edition 2

25 Apr 2023

We are delighted to welcome you to join us for the official book launch of "A Commentary on the LCIA Arbitration Rules" written by Philip Clifford KC and Shai Wade.

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