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UK cyber security: insure against 'rapid, highly damaging and public' threats

Published on 06 May 2015. By Mark Crichard, Partner

Cyber attacks present a daily threat to UK businesses and have become more destructive in recent years with data breaches and hacks frequently making front page news.

Court of Appeal opens the door to 'distress-only' data breach claims where no financial loss

Published on 21 Apr 2015.

In an important ruling, the Court of Appeal confirms that misuse of private information is a tort and rules on the meaning of "damage" under s13 of the Data Protection Act ("the DPA"), allowing claimants to recover compensation for "distress" resulting from a breach of the Act without also having to prove pecuniary losses.

Supreme Court clarifies the limits on contractual discretion

Published on 30 Mar 2015. By David Cran, Partner, Head of IP & Tech

A recent decision of the Supreme Court1 has confirmed that the limits on contractual discretion include a requirement to take relevant issues into account and that the discretion is not exercised irrationally.

CMA call for information on use of online reviews

Published on 12 Mar 2015.

Online reviews: love them or hate them, there is no escape. Products, services, large multinationals, SMEs, online or offline, almost everyone is being judged these days.

ICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure

Published on 03 Mar 2015. By Oliver Bray, Senior Partner

The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.

New powers to audit NHS authorities' data protection compliance

Published on 04 Feb 2015. By Mark Crichard, Partner

From 1 February 2015, the ICO will be able to subject public healthcare organisations to compulsory audits of their data protection compliance under section 41A of the Data Protection Act 1998.

New UK Procurement Rules Published for Consultation

Published on 09 Oct 2014. By Mark Crichard, Partner

Draft new Public Contracts Regulations 2015 and a Consultation Document on UK Transposition of the new EU Procurement Directives have recently been published by the Cabinet Office. This paves the way for the 2014 Directives to be implemented in the UK early next year.

FCA COMPLETES THEMATIC REVIEW OF MOBILE BANKING AND PAYMENTS

Published on 07 Oct 2014. By Mark Crichard, Partner

The Financial Conduct Authority (FCA) has recently published its findings following its thematic review of mobile banking and payments.

EU Consultation on Cloud Computing and Software

Published on 30 Sep 2014. By Mark Crichard, Partner

The EU has opened a public consultation to help define future research priorities in the areas of Cloud Computing and Software (including Open Source). Any and all stakeholders are invited to submit their views by 10 October 2014.

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?

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?

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?

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?

Snapshots Autumn 2022

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

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

Snapshots Summer 2022

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

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

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?

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?

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?

Snapshots Winter 2021

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

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

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.

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)?

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)?

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?

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?

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?

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?

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?

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)?

The CAT's new approach: I can't afford a carriage (dispute)

Published on 02 Jun 2023. By Chris Ross, Partner and Leonia Chesterfield, Of Counsel

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.

V@ update – July 2024

Published on 23 Jul 2024. By Adam Craggs, Partner

Welcome to the July 2024 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world.

Tribunal confirms no tax due on disposal of property held on trust for taxpayer's brother

Published on 18 Jul 2024. By Keziah Mastin, Associate

In Raveendran v HMRC [2024] UKFTT 273 (TC), the First-tier Tribunal allowed the taxpayer's appeal against HMRC's discovery assessment in relation to the disposal of a property because it was held on trust for his brother.

Taxing Matters: Spotlight 63: HMRC shines a light on property business arrangements involving hybrid partnerships

Published on 16 Jul 2024.

In this episode, Alexis Armitage, RPC's Taxing Matters host and Senior Associate in our Tax Disputes team, is joined by Simon Howley and Amanda Perrotton from Bell Howley Perrotton LLP. They discuss HMRC's Spotlight 63, which focuses on property business arrangements involving hybrid partnerships, which have recently come to the attention of HMRC.

Tribunal confirms loans from remuneration trust were disguised remuneration

Published on 11 Jul 2024. By Liam McKay, Senior Associate

In allowing HMRC's appeal in part, the Upper Tribunal determined that payments received under a remuneration trust scheme were caught by the anti-avoidance provisions in Part 7A of the Income Tax (Earnings and Pensions) Act 2003.

Dealing with HMRC information notices

Published on 04 Jul 2024. By Adam Craggs, Partner and Daniel Williams, Associate

Considering three common types of HMRC information notices and the extent to which they can be challenged.

Tax Bites – July 2024

Published on 02 Jul 2024. By Adam Craggs, Partner

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

V@ update – June 2024

Published on 26 Jun 2024. By Adam Craggs, Partner

Welcome to the June 2024 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world.

Tribunal awards taxpayer his costs due to HMRC's unreasonable conduct

Published on 20 Jun 2024. By Jasprit Singh, Senior Associate

In Aftab Ahmed v HMRC [2024] UKFTT 00236 (TC), the First-tier Tribunal granted the taxpayer's application for costs as HMRC had acted unreasonably in defending the appeal.

Tribunal allows entrepreneurs' relief appeal

Published on 13 Jun 2024. By Keziah Mastin, Associate

In Cooke v HMRC [2024] UKFTT 272 (TC), the FTT allowed the taxpayer's appeal against HMRC's refusal of entrepreneurs' relief

Exploring tax from an ESG perspective

Published on 07 Jun 2024.

In this month's episode, Alexis Armitage, RPC's Taxing Matters host and Senior Associate in our Tax Disputes team, is joined by Paul Monaghan, Chief Executive and co-founder of the Fair Tax Foundation to discuss the growing interest in tax from an ESG perspective, and the work of the Fair Tax Foundation.

A tax on conscience? A moral dilemma for non-residents

Published on 19 Sep 2023. By Liam McKay, Senior Associate

In HMRC v A Taxpayer, the Upper Tribunal (UT) considered the meaning of ‘exceptional circumstances’ for the purposes of the statutory residency test (SRT) in FA 2013. In overturning the decision of the First-tier Tribunal, the UT held that moral obligations, specifically the need to care for close relatives, were not exceptional circumstances, creating a potential dilemma for individuals when it comes to managing their tax residency status and their family life.

Restructuring Plans – A Sea Change?

Published on 26 Oct 2022. By Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer

Full and frank disclosure means more than just putting relevant matters in evidence – a new year warning in UKIP v Braine & Others

Published on 24 Jan 2020. By Geraldine Elliott, Partner

New year, new reminder of the obligation to make full and frank disclosure in without notice applications, this time in the context of a falling out within the UKIP party. The obligation can only be satisfied by drawing the court's attention to legal or factual matters which could undermine the applicant's own application; it is not enough to simply put relevant matters in evidence before the court (UKIP v Braine & Others). Injunction, confidential, publication and non-disclosure.