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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.

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.

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.

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.

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'.

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.

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.

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.

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.

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.

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.

Perspective - Blog

Update: High Court provides guidance on termination for contracting parties

Published on 27 Jan 2016.

In the recent case of C&S Associates Ltd v Enterprise Insurance Company Plc [2015] EWHC 3757 (Comm) the High Court considered a number of issues that will be of interest to contracting parties, including:

Perspective - Blog

FCA Publish Draft Guidance on Cloud Services

Published on 30 Nov 2015. By Mark Crichard, Partner

The FCA has recently published draft guidance for firms outsourcing to the cloud and other third party IT services. This comes as part of the FCA's work on "Project Innovate" which aims to tackle issues stifling innovation within the regulatory sector.

Perspective - Blog

FCA to examine use of big data in insurance

Published on 26 Nov 2015.

This week, the FCA has issued a "call for inputs" around how insurance firms use big data.

Perspective - Publication

Cyber fraud – a new hope?

Published on 23 Nov 2015.

We have previously warned of the threat posed by fraudsters who are targeting solicitors’ client accounts to misappropriate funds.

Perspective - Blog

The Modern Slavery Act: what you need to know about the new reporting obligation

Published on 10 Nov 2015.

The Modern Slavery Act 2015 (the Act) came into force on 26 March 2015. At a high level it aims to improve law enforcement tools, strengthen criminal penalties and deliver better protection and support for victims.

Perspective - Blog

EU Court declares 'Safe Harbor' data-transfer agreement invalid

Published on 07 Oct 2015.

The Court of Justice of the European (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.

Perspective - Blog

Do you know you're being tracked?

Published on 05 Oct 2015. By Oliver Bray, Senior Partner

Do you own a smart phone? Do you always have WiFi enabled? If your answers to both these questions are yes, your movements were most probably tracked on your way into work today.

Perspective - Blog

EU Consultation on standards for a Digital Single Market

Published on 24 Sep 2015.

On 23 September 2015, the European Commission launched a public consultation on information and communications technology ("ICT") standards for creation of a Digital Single Market.

Perspective - Blog

Update: IT Suppliers beware! Your right to terminate on a customer insolvency is changing…

Published on 16 Sep 2015.

In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law regarding the supply of essential services to insolvent customers.

Perspective - Blog

Article 29 Working Party keeps up the pressure on data reform discussions

Published on 02 Sep 2015.

The EU data protection reform package has entered its decisive phase. The first trilogue between the European Parliament, the European Commission and the Council of Ministers began on 24 June 2015 but, even at this late stage, there are many key concepts still to be finalised.

Perspective - Blog

Transparency by design – putting FOIA at the forefront of public sector outsourcing contracts

Published on 20 Aug 2015.

Earlier this year, the Information Commissioner's Office (ICO) published a guidance document recommending some steps for public authorities (Authorities) to take when entering into outsourcing arrangements to help them comply with their freedom of information obligations.

Perspective - Publication

Technology and cyber risk update

Published on 29 Jul 2015.

Drones – issues for casualty insurers

Perspective - Blog

Digital content under the new Consumer Rights Act

Published on 14 May 2015. By Oliver Bray, Senior Partner

The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.

Perspective - Blog

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.

Perspective - Blog

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.

Perspective - Blog

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.

Perspective - Blog

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.

Perspective - Blog

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.

Perspective - Blog

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.

Perspective - Blog

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.

Perspective - Blog

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.

Profile

Sophie Hudson

Trainee Solicitor

Perspective - Blog

Key considerations crime and D&O insurers cannot a-fraud to ignore

Published on 15 Nov 2023. By James Wickes, Partner and Jessica Pease, Associate

The UK government is committed to reforming corporate criminal liability and making it "quicker and easier" to prosecute companies involved in fraudulent conduct. These reforms will no doubt be welcomed by many where the nature and scale of fraud in the UK has evolved significantly and now constitutes more than 40% of all offences in England and Wales. However, it will inevitably have an impact on insurers, especially the D&O insurance market.

Perspective - Blog

Overview of the key risks affecting the Professional and Financial Risks market

Published on 11 Oct 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Scott Ashby, Partner and Graham Reid, Partner and Richard Breavington, Partner and Ben Goodier, Partner and Tom Green, Partner and Laura Stocks, Partner and Kirstie Pike, Partner and Robert Morris, Partner and Tom Wild, Senior Associate

Last month RPC's Professional and Financial Risks team hosted a panel discussion to address the evolving challenges and responsibilities faced by professional clients in the current economic landscape. Access our document to explore the key insights from the session.

Perspective - Blog

What the fix?! Get up to speed in 10 minutes with our new video

Published on 29 Sep 2023. By Shauna Giddens, Associate and Scott Robins, Associate and Chris Gower, Associate and Aimee Talbot, Knowledge Lawyer

The first video in our new Getting Up To Speed series is now available below.

Perspective - Podcast

The Month That Was – June 2023 – Equity Release – the next emerging risk?

Published on 27 Jun 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Perspective - Blog

The Building Safety Act 2022: a guide for conveyancers

Published on 26 Jun 2023. By Rhian Howell, Partner & Head of Office, Bristol and Daniel Charity, Associate

We explain below how the BSA is intended to protect leaseholders, what steps solicitors can take to ensure purchasers and lenders are protected and what to do if that protection cannot be obtained.

Perspective - Blog

Duties to third party investors in tax avoidance schemes following McClean

Published on 20 Jun 2023. By Nick Bird, Partner

We analyse the Court of Appeal's recent decision in David McLean and others v Andrew Thornhill KC in which the court considered the circumstances in which duties are owed to non-clients in the context of legal advice made available to investors in tax schemes.

Perspective - Blog

What the fix?!

Published on 15 May 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Aimee Talbot, Knowledge Lawyer

Fixed recoverable costs in professional negligence claims: new rules applicable from 1 October 2023

Perspective - Blog

Wasted costs – some comfort for legal professionals

Published on 09 May 2023. By Nick Bird, Partner

In its recent judgment in Anthony King and others v Barry Stiefel and others the Commercial Court has considered the circumstances in which wasted costs orders can be made against the legal representatives of a defeated party to a claim. The court dismissed the applications saying that wasted costs applications should only be made in respect of straightforward applications which can be dealt with summarily.

Perspective - Podcast

The Month That Was – May 2023 – Developments for Directors and Officers liability

Published on 04 May 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Perspective - Blog

Costs recovered in the Small Claims Track from an unreasonable Litigant in Person

Published on 24 Jan 2023. By Rhian Howell, Partner & Head of Office, Bristol and Daniel Charity, Associate

Most (if not all) litigators will be familiar with the challenge of being on the other side of a claim brought by a litigant in person ("LiP"). The courts expect practitioners to be sensitive to their opponent's lack of legal expertise and familiarity with court rules, but judges have also been clear that they expect all parties – including LiPs – to follow the rules regardless of their legal representation.

Perspective - Blog

SRA issues Warning Notice on solicitors' involvement in SLAPPs

Published on 20 Dec 2022. By Graham Reid, Partner

SLAPPs (aka 'Strategic Lawsuits Against Public Participation') is a term coined in the USA. They are becoming the object of increasing concern over here too.

Perspective - Blog

Invest in due diligence for dubious schemes (Part 2)

Published on 24 Nov 2022. By Simy Khanna, Partner

With suspicious activity on the rise, the SRA remind firms of their anti-money laundering obligations.

Perspective - Blog

Beware the client who is too busy to litigate

Published on 23 May 2022. By Will Sefton, Partner and Head of Professional and Financial Risks and Tom Morris, Associate

Clients need to understand from the outset of litigation not only how significant the cost of litigation can be, but also the time commitment.

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.

Perspective - Blog

A tale of loss, limitation and a flawed transaction: why a loss may not feel like a loss

Published on 28 May 2021. By Peter Mansfield, Partner

A recent Court of Appeal decision, Elliott v Hattens [2021] Civ 720, has once again raised the vexed issue of when the limitation period starts to run in a flawed transaction case. Does it start running immediately or at some later date? .

Perspective - Blog

800 DB Transfer complaints to the FOS: A 44% increase in one year

Published on 01 Mar 2021.

The FOS have seen the number of complaints relating to defined benefit transfer advice increase by 44% since 2019. However, the proportion of decisions being upheld appears to have fallen.

Perspective - Blog

SMCR: an effective deterrent?

Published on 05 Nov 2020. By Shauna Giddens, Associate

The Senior Managers & Certification Scheme (SMCR) was introduced in early 2016 to establish "effective governance in firms by encouraging greater individual accountability". However, following a response to a recent Freedom of Information (FOI) request, questions have been raised as to its effectiveness as a deterrent.