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Perspective - Blog

eFootball transfers: Juve and Man U snub FIFA to sign for PES

Published on 07 Aug 2019.

The RPC Sports group round-up football eSports deals: Juventus and Manchester United sign eSports partnerships with Pro Evolution Soccer, whilst Liverpool FC partners with FIFA.

Perspective - Blog

Spurs suffer Champions League defeat to the Advertising Standards Authority

Published on 08 Jul 2019.

Spurs' heartbreak in Madrid was not the only loss they suffered on their Champions League journey this year. A tweet from Spurs announcing their line-up for their knock-out game against Borussia Dortmund featured the gambling operator William Hill, and was ruled to contravene the CAP Code.

Perspective - Blog

Reforms to the FA's Regulations on Working with Intermediaries

Published on 01 Jul 2019. By Joshua Charalambous, Partner

RPC summarise the key changes to the FA's Regulations on Working with Intermediaries (the "Regulations"), and offer practical tips to agencies, clubs and players to manage their impact.

Perspective - Blog

Smoke and mirrors? Big Tobacco slip(stream)s back into Formula One sponsorship deals

Published on 18 Feb 2019.

RPC reports on Philip Morris and British American Tobacco securing major partnerships with Ferrari and McLaren, prompting investigations into their compliance with domestic and international advertising laws.

Perspective - Blog

CMA clamps down on unfair gambling promotions

Published on 01 Feb 2018. By Jeremy Drew, Partner, Head of Commercial

The CMA has spoken: online gambling operators must act now to avoid falling foul of misleading terms and practices. See below for our list of dos and don’ts.

Perspective - Blog

Spurs 2 : 0 HMRC – termination payment not taxable earnings

Published on 20 Dec 2017. By Michelle Sloane, Partner and Adam Craggs, Partner

The Upper Tribunal (UT) has confirmed the decision of the First-tier Tribunal (FTT) that payments made by Spurs in respect of two players on early termination of their contracts were not earnings. They were termination payments and, therefore, were outside the scope of national insurance contributions (NICs).

Perspective - Blog

Swansea City player Bony keeps former agents in play

Published on 14 Sep 2017. By Joshua Charalambous, Partner

In a dispute with his agents over secret commissions, Swansea City striker Wilfried Bony has succeeded in opposing a stay in English Court proceedings, which would have been implemented had the Court found he had agreed to arbitrate. The decision is an important reminder that national courts will have jurisdiction to hear a claim if the parties have not agreed (expressly or impliedly) to resolve the dispute using arbitration.

Perspective - Blog

Edgar Davids wins League of Legends image rights claim

Published on 23 Aug 2017. By Joshua Charalambous, Partner

Dutch football icon Edgar Davids has succeeded in suing Riot Games – makers of the world's biggest video game and eSports phenomenon, League of Legends.

Perspective - Blog

Barton succeeds in reducing betting ban

Published on 04 Aug 2017. By Joshua Charalambous, Partner

Joey Barton has succeeded in reducing the ban imposed on him by the FA Commission following breaches of FA Rules concerning betting – but he's still banned until 1 June 2018

Perspective - Blog

Using VR in sports – virtual insanity or future reality?

Published on 01 Aug 2017.

Stoke City has become the latest Premier League club to announce that it will use virtual reality (VR) technology as a training tool for its goalkeepers.

Perspective - Blog

A shot in the arm for football sponsorship – clubs take advantage of new shirt sleeve regulations

Published on 24 Jul 2017.

As forecasted in our blog post back in April, it wasn't long before other Premier League teams followed Manchester City's lead in announcing major tie-ups for shirt sleeve sponsorship.

Perspective - Blog

Indian sports broadcast network 'bowled out' for breach of a media rights agreement

Published on 18 Jul 2017. By Joshua Charalambous, Partner

This article considers New Zealand Cricket (Incorporation) v Neo Sports Broadcast PVT Ltd in which the High Court exercised its discretion and lifted a stay to allow the claimant, New Zealand Cricket, to successfully obtain summary judgment on a breach of contract claim with elements of bad faith counter-arguments.

Perspective - Blog

Bournemouth bets on shirt sponsorship deal with M88

Published on 05 Jul 2017. By Joshua Charalambous, Partner

AFC Bournemouth announces a two year deal with online gambling company M88, which includes shirt sponsorship and pitch-side branding.

Perspective - Blog

Barton bets big and loses: sanctions, mitigation and next steps

Published on 15 May 2017. By Joshua Charalambous, Partner

What is the appropriate sanction for breaching the prohibition on betting on football matches, and what effect will mitigating factors have on the sanction?

Perspective - Blog

Hacked – IAAF victim of cyber-attack compromising athlete data

Published on 10 Apr 2017.

The International Association of Athletics Federations (IAAF) has been subject to a data breach – allegedly by Russian hacking group Fancy Bears - potentially compromising the sensitive data of a number of athletes.

Perspective - Blog

Sleeve sponsorship – a new trick up the sleeve for Premier League teams

Published on 03 Apr 2017.

The blog provides an insight into the consequences arising from the introduction of sleeve sponsors to the Premier League, with a particular focus on club's existing commercial arrangements and deals that are being negotiated/will be negotiated.

Perspective - Blog

Going for Gold: A New Code for Sports Governance

Published on 30 Jan 2017. By Joshua Charalambous, Partner

Any sports body or organisation that wishes to rely on public funding must now comply with a new Code for Sports Governance, and it requires preparation now.

Perspective - Blog

Chelsea swap Adidas for £900m Nike deal

Published on 28 Oct 2016. By Joshua Charalambous, Partner

Chelsea FC and Nike have agreed the largest kit sponsorship/ supply agreement in the English Premier League worth £900m (£60m per year for 15 years). The announcement comes nearly 6 months after the Chelsea and Adidas kit sponsorship/supply agreement was terminated part way through a 10 year term.

Perspective - Publication

FAPL v Wells: High Court orders Norwich Pharmacal Relief Against Publicans Screening Premier League Matches Without Permission

Published on 29 Sep 2016.

In this article for Entertainment Law Review first published in June 2016, Andrew Crystal and Joshua Charalambous discuss Snowden J's decision in the Football Association Premier League Limited -v- Richard Alan Wells (& Ors) [2015] EWHC 3910 (Ch).

Perspective - Publication

Copyright test match

Published on 22 Sep 2016.

Copyright test match—High Court provides guidance on substantiality and fair dealing in relation to sports clips

Perspective - Blog

Sponsors drop lying Lochte - the fallout from Rio 2016

Published on 24 Aug 2016. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner

Importance of anti-embarrassment clauses highlighted by US Olympic swimmer Ryan Lochte being dropped by sponsors, including Speedo and Ralph Lauren.

Perspective - Blog

China’s richest man strikes deal to host new global football tournament

Published on 21 Jul 2016. By Joshua Charalambous, Partner

Earlier this month, it was reported that the Dalian Wanda Group planned to create a European club tournament to rival the UEFA Champions League.

Perspective - Blog

World eSports Association formed

Published on 26 May 2016. By Joshua Charalambous, Partner

A new governing association was formed this month by the Electronic Sports League (“ESL”) and a number of eSports teams.

Perspective - Publication

FIFA’s Member Associations approve package of reforms

Published on 16 May 2016.

“FIFA is currently going through the worst crisis of its history. The current crisis should also be considered as a unique opportunity for FIFA to renew itself.”

Perspective - Publication

Top tips for negotiating football kit sponsorship deals

Published on 27 Jan 2016.

(including considerations when working with betting companies)

Perspective - Publication

Wyscout Forum London 2013 - Image is everything

Published on 12 Jun 2015.

What are image rights?

Perspective - Publication

Virtual roundtable with Corporate Livewire: Sport Law 2015

Published on 12 Jun 2015.

In our Sports Law Roundtable we spoke with four experts from around the world to discuss recent regulatory changes and interesting developments across their field of work.

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).

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.

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.

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 - 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.

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.

Press and Media

Whistle-blowing on illegal cartels drops 70% in 5 years

Published on 18 Sep 2023. By Chris Ross, Partner and Arash Rajai, Partner

Competition and Markets Authority (CMA) recently increased award to £250,000 Calls to the CMA hotline have plummeted from 1,442 in 2017 to 427 in 2022

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.

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.

Perspective - Blog

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

Published on 19 Jul 2023. By Tim Potts, Senior Associate and Parham Kouchikali, Partner

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.

Perspective - Publication

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

Published on 27 Jun 2023. By Sumarsono 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.

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.

Perspective - Blog

Singapore Court of Appeal Sends Acceleration of Interest Payment Clause To The Penalty Box

Published on 24 Apr 2023. By Yuankai Lin, Partner

Commercial contracts commonly include clauses providing for liquidated damages, accelerated repayment or late payment interest in the event one party breaches the contract.

Perspective - Blog

Case Note: Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 – Examining the law governing arbitrability at the pre-award stage

Published on 08 Mar 2023. By Yuankai Lin, Partner and Selina Toh, Senior Associate

The Court of Appeal ("CA") in the case of Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 ("Anupam Mittal") had to determine a previously undecided point of law in Singapore: which system of law governs the arbitrability of a dispute at the pre-award stage, i.e., the law of the seat of the arbitration (lex fori) or the law governing the arbitration agreement.

Perspective - Blog

Doctrine of separability in arbitration: should the arbitration agreement and the main contract "sink or swim" together or alone?

Published on 07 Mar 2023. By Shai Wade, Partner, Head of International Arbitration and Jessica Davies, Associate

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd, the Court of Appeal considered the arbitration law doctrine of separability.

Perspective - Blog

Arbitration jurisdictional challenge no bar to English court ordering compliance with a tribunal peremptory order

Published on 02 Mar 2023. By Fred Kuchlin, Senior Associate and Tatiana Minaeva, Partner and Head of Investor-State Arbitration

The Court of Appeal has found that the English court may grant an order requiring a party to comply with a peremptory order of a tribunal before the determination of an outstanding challenge to jurisdiction of the tribunal.

Perspective - Publication

Hong Kong – At a glance: major changes to cross-border enforcement of judgments in Hong Kong and mainland China

Published on 17 Feb 2023. By Samuel Hung, Partner and Anson Lo, Associate

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.

Perspective - Blog

Hong Kong – Parties agreed settlement terms without formal settlement agreement

Published on 19 Jan 2023. By Antony Sassi, Managing Partner, Asia and Rebecca Wong, Partner and James Lee, Associate

In MSB International Ltd v Lok & Anor , the Court of First Instance of the High Court found that the parties had agreed a full and final settlement of all their claims in two related proceedings, by way of an exchange of without prejudice written communications between their legal representatives, although no formal draft settlement agreement referring to more comprehensive release terms and stated to be "subject to contract" had been agreed.

Perspective - Blog

No need for late night panic: Court of Appeal decides that midnight e-filing is permissible

Published on 22 Dec 2022. By Simon Hart, Partner, Head of Banking & Financial Markets Disputes

The Court of Appeal recently considered the short, but important, procedural question of whether a document may be filed electronically at any time up to midnight on the date by which the document is due.

Perspective - Blog

Great Peace confirmed: High Court decides that test for common mistake is settled

Published on 22 Dec 2022. By Simon Hart, Partner, Head of Banking & Financial Markets Disputes and Emily Saffer, Associate

The High Court has clarified the test to void a contract for common mistake in John Lobb S.A.S v John Lobb Ltd, confirming that the four part test laid down by the Court of Appeal in Great Peace Shipping Ltd v Ttsavliris Salvage (International) Ltd remains the relevant test.

Perspective - Blog

The FTX fallout so far and what may come next

Published on 16 Dec 2022. By Dan Wyatt, Partner

The collapse of FTX Trading Ltd. has been as dramatic as it has been fast. Until then, FTX had been the second-largest exchange in the world.

Perspective - Blog

Three Crypto firsts for the English courts

Published on 22 Nov 2022. By Dan Wyatt, Partner and George Fahey , Associate

The recent judgment handed down in Jones v Persons Unknown [2022] EWHC 2543 (Comm) contained three firsts in the English Court: the imposition of a constructive trust between a crypto exchange and a victim of crypto fraud, an order for delivery up of Bitcoin, and summary judgment served by NFT airdrop. It shows the English courts' continued willingness to push the boundaries of English law in relation to the recovery of misappropriated cryptoassets. The innovative application of English law procedures and remedies to the growing problem of crypto theft and fraud is of considerable assistance to the victims of this pernicious and widespread fraudulent activity.