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What if the CEO asks me about…. a visit from an Environmental Health Officer
Whilst Environmental Health Officers ("EHO") are often thought to be solely responsible for inspecting food safety requirements, their responsibilities are far wider, including monitoring and enforcing health and safety legislation, and issues relating to public health (such as food hygiene and pest infestations). Their remit extends across a large range of industries, including restaurants, hotels and retail premises.
Read moreWhat if the CEO asks me about…Corporate Criminal Liability and its potential reforms?
In the words of Spiderman's Uncle Ben (or Aunt May if you've seen the latest film...) with great power comes great responsibility. Corporations have all the power that comes with being a 'legal person' but equally are responsible for wielding this power within the confines of the law.
Read moreRetail Compass Spring Edition 2022
Welcome to the Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.
Read moreWhat if the CEO asks me about… avoiding greenwashing?
With consumers increasingly demanding greener and more sustainable products, retailers and consumer brands are busy innovating in an effort to reduce the environmental impact of their business, products and services.
Read moreShift in consumer rights landscape increases risks for retailers
Read moreInternational data transfers: time to update to the new standard contractual clauses
Retailers which rely upon standard contractual clauses for transferring personal data outside of the European Economic Area (EEA) will need to update their agreements to the new SCCs.
Read moreCMA publishes guidance on environmental claims – how can retailers avoid greenwashing?
Regulators are taking action in respect of ‘greenwashing’ to help protect consumers from misleading environmental claims. Following an investigation last year that found that 40% of green claims made online could be misleading, the Competition and Markets Authority (CMA) has published guidance to help businesses understand and comply with their consumer protection law obligations in order to avoid enforcement action. Based on six core ‘principles’, the guidance broadly restates the position under existing UK consumer law (particularly under the Consumer Protection from Unfair Trading Regulations 2008) and includes examples of what compliance might look like in practice for green claims. Following a two-month consultation period, the CMA published its final guidance on 20 September 2021 and will expect businesses to comply by January 2022. The CMA has said there will be no ‘grace period’ come January 2022 – this is because they will be applying existing law and, strictly speaking, businesses should already be complying with this.
Read moreThe Omnibus Directive – New EU consumer rights are on the way
The Omnibus Directive – new EU consumer rights are on the way ~ Anna Greco and Olly Bray of RPC consider aspects of the Directive of particular importance for retailers.
Read moreWhat if the CEO asks me... about ESG-linked financing facilities
As focus moves from short term lockdown liquidity on to longer term financing needs, loan facilities linked to ESG and sustainability targets are back in the news.
Read moreWhat if the CEO asks me... about ESG-linked financing facilities
As focus moves from short term lockdown liquidity on to longer term financing needs, loan facilities linked to ESG and sustainability targets are back in the news.
Read moreRetail Compass Autumn edition 2021
Welcome to the Autumn edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting Retail and provide our thoughts on those crucial, need-to-know issues.
Read moreNew EPC rating requirements and the impact on retailers
The current requirements for EPC energy ratings will be extended to cover existing leases from April 2023. More notably, significant changes have been proposed in the Government’s Energy White Paper published in December 2020: to prevent landlords from renting commercial properties with an EPC grade of less than C from 1 April 2027 and to prevent landlords from renting commercial properties with an EPC grade of less than B from 1 April 2030. The possible impact for retailer tenants could be material.
Read moreWhat if the CEO asks me about… the people implications of our growing online presence
The Covid-19 pandemic has led to numerous changes in the retail sector, with one of the key ones being the growth in online sales – according to the ONS as of January 2021 online sales represented 35.1% of total retail sales versus just 19.5% in January 2020 (though the latest figures from May 2021 show that this has dropped back to 28.5% as things have started to open back up).
Read moreWhat if the CEO asks me about... whether we are all set for an advertising blitz now lockdown is easing?
As lockdown eases in the UK and businesses start to fully re-open, there has been a significant upturn in advertising. Many brands are urgently rushing to get their advertising out and are looking for the best placement of that advertising.
Read moreRetail credit rating downgrades
How to stop a downgrade becoming a default
Read moreWhat if the CEO asks me about... moving to a turnover rent model?
On 10 March 2021 the Government announced that existing protections for tenants on non-payment of rent and against landlords' use of forfeiture and CRAR (the ability to sell a tenant's goods where rent is not paid) were to be extended until the end of June 2021.
Read moreAsia: How staying-at-home has driven retail F&D collaborations
Recent social unrest and the COVID-19 pandemic have accelerated the emergence of a new “stay-at-home economy” for groceries and fresh produce in Hong Kong.
Read moreComing to America: United States market entry tips
Most global retailers have contemplated entering the United States market – possibly just because of the sheer scale of the market. American retailers rang up almost $5.5 trillion (£4.1 trillion) in sales in 2019. Plus, for luxury sellers, the US market makes up a huge portion of overall global sales. Additionally, the impact that American consumers have on worldwide traditional and social media is tremendous, which amplifies the value of their purchases of your products.
Read moreTime for action on abusive card charges
Eyes will be on the British government in 2021 to start paving a new and substantially different pathway for the UK which holds enough merit to justify the upheaval, bitterness and loss caused by its advocacy and delivery of Brexit. One relatively uncontroversial area is the reform of regulation governing retail payments in the UK.
Read moreNew year, new strategy – what to expect in a post-pandemic retail landscape
Most importantly, retailers and brands must be ready to change and evolve to meet the rapidly shifting demands of consumers.
Read moreRetail Compass Spring edition 2021
Welcome to the Spring edition of Retail Compass. We present our guide to the key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues - as retailers look forward to a post-pandemic landscape.
Read moreWhat if the CEO asks me about… the latest online customer solutions?
Nine months of extreme disruption has accelerated retail brands' need to maximise their online shopping experience. With Covid-19 restrictions here to stay for the foreseeable future, and the future purpose of the physical store being re-examined, there is no doubt that online will continue to be a key consumer interface.
Read moreData and the trust barometer – the new frontline of retail
The inventor of the world wide web has a startup. Sir Tim Berners Lee's company Inrupt has launched Solid, a platform for giving consumers control over their data. Solid keeps user data in a secure locker, or pod, and access can be granted or revoked as needed.
Read moreRetail Compass Summer edition 2020
Welcome to the Summer 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.
Read moreBanking and Financial Markets Litigation Update - Summer 2024
This update is brought to you by RPC’s top tier banking and financial markets disputes practice in London, with specialists in all areas of financial markets litigation (and arbitration) and a wealth of expertise including frequent involvement in the most complex, high-value, and high-profile disputes in the sphere. Here, we take a look at some of the most important judgments in recent months.
Read moreCAT Collective Proceedings - Summer 2024 update
Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).
Read moreCRE funds – targets for future litigation
There was a wave of negative press about commercial real estate funds during the course of 2023. The higher interest rate environment and the pandemic’s economic and social legacy has stressed the sector. This was reflected in suspensions of redemptions by funds including BlackRock UK Property Fund and Blackstone’s (US) Blackstone Real Estate Income Trust, and the closure of the M&G Property Portfolio fund. Asset valuation concerns are leading to many CRE funds trading at a significant discount to their net asset value. Shortsellers are circling – see for instance, Muddy Waters’ disclosure of a large short position on the Blackstone Mortgage Trust.
Read moreCourt of Appeal orders solicitor be struck off for serious breaches of accounts rules
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.
Read moreBanking and Financial Markets Litigation Update - Spring 2023
This update is brought to you by RPC’s top tier banking and financial markets disputes practice in London, with specialists in all areas of financial markets litigation (and arbitration) and a wealth of expertise including frequent involvement in the most complex, high-value, and high-profile disputes in the sphere. Here, we take a look at some of the most important judgments in recent months.
Read moreHong Kong – At a glance: major changes to cross-border enforcement of judgments in Hong Kong and mainland China
The highly anticipated Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (the Ordinance) is set to take effect in mid-2023. Once the Ordinance is in place, applicants will be able to enforce a broader range of mainland judgments in Hong Kong by way of a registration procedure and vice versa in relation to Hong Kong judgments in mainland China.
Read moreBanking and financial litigation markets update - Summer 2022
In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.
Read moreAll is not (necessarily) lost: Crypto crime recovery
With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.
Read moreDisputes Yearbook 2022: Retail and Restructuring
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2022: Civil Fraud
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2022: Technology disputes
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreHigh Court reviews permission for expert reports and delay after general adjourned period
In Redland Precast Concrete Products (China) Ltd v AES Steel Mould (Hong Kong) Ltd1 the Court of Appeal emphasised that it is unlikely to interfere with the exercise of a first instance court’s case management discretion regarding directions for expert reports, unless an applicant can show that the lower court’s decision is plainly wrong. This presents a party seeking to challenge such directions with a high threshold to overcome in order to obtain permission to appeal. In this case, the applicant (the plaintiff) was unable to meet the threshold – therefore, its application for permission to appeal was refused by the court. Had the plaintiff acted more expeditiously, immediately after the general adjourned period (when the courts were generally closed between January and May 2020 because of the pandemic), things may have turned out differently.
Read moreWitnesses overseas and preparations for trial during a pandemic
A couple of recent High Court decisions demonstrate some of the issues that arise when a party applies for one or more of their witnesses to give evidence at trial by video conferencing facilities, or seeks an adjournment of a trial, because a witness is overseas and experiencing difficulties in returning to Hong Kong in time for a trial date given the COVID-19 pandemic. In such circumstances, the courts’ ultimate priority is the administration of justice, which involves (among other things) balancing the parties’ competing interests while exercising their case management powers. A trial date (a “milestone date”) is generally sacrosanct and live evidence in person at trial is the norm.
Read moreDisputes Yearbook 2021: Civil Fraud
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2021: Financial disputes
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2021: Financial disputes
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreCourt reviews witness’s reluctance to travel to Hong Kong because of COVID-19
In Standard Chartered Bank (Hong Kong) Ltd v Nie, the Court of Appeal refused the defendant (who resides outside Hong Kong) permission to appeal a trial judge’s decision not to allow her to give evidence by videoconferencing facilities (VCF) at trial. Apparently, the defendant had been reluctant to travel to Hong Kong from Beijing (where she resides) to attend the trial because of concerns about the COVID-19 public health pandemic. Both the trial judge and the Court of Appeal appear to have been unimpressed by the defendant’s application. Giving witness evidence by VCF during a trial in civil proceedings is not the norm (even during a pandemic). A party looking to rely on such evidence needs to act promptly to obtain the court’s permission and provide good reasons for doing so supported by credible evidence.
Read moreExamining the time bar for causes of action for the tort of negligent misrepresentation
Section 24A of Singapore’s Limitation Act (Cap. 163) provides, amongst other things, that the limitation period for any cause of action for damages for negligent misrepresentation accrues upon proof of damage in reliance of the negligent misrepresentation.
Read moreArbitrable disputes in the context of winding up proceedings
This note discusses two recent decisions of the Court of Appeal of Singapore that dealt with the standard of review to be applied in winding up proceedings where a debtor asserts that there is a dispute which parties agreed to resolve by way of arbitration.
Read moreA Review in Confidence: Modernising the Law of Breach of Confidence in Singapore
The elements for a claim for breach of confidence were trite, having been established more than 50 years ago in the English case of Coco v. AN Clark (Engineers) Ltd (1) and affirmed in numerous Singapore decisions (2) .
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