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Perspective - Publication

What if the CEO asks me about... moving to a turnover rent model?

Published on 13 Apr 2021. By Elizabeth Alibhai, Partner

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.

Perspective - Blog

New measures to eliminate plastic waste

Published on 07 Apr 2021.

The government is set to introduce measures to further reduce the circulation of single-use plastics and encourage the use of recycled plastic. The measures are expected to influence all aspects of the retail supply chain and have a particular impact on the food and drink sector.

Perspective - Blog

The Turnover Rent Condurum: Tips For Retailers

Published on 31 Mar 2021. By Jeremy Drew, Partner, Head of Commercial and Karen Hendy, Partner, Head of Corporate

Protections provided to commercial tenants under CIGA and the Coronavirus Act 2020 are due to end on 31 March 2021 and now, more than ever, landlords are having to explore the possibility of entering into non-standard leasing arrangements.

Perspective - Publication

Asia: How staying-at-home has driven retail F&D collaborations

Published on 25 Mar 2021. By Jeremy Drew, Partner, Head of Commercial and Karen Hendy, Partner, Head of Corporate

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.

Perspective - Publication

Coming to America: United States market entry tips

Published on 18 Mar 2021. By Jeremy Drew, Partner, Head of Commercial and Karen Hendy, Partner, Head of Corporate

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.

Perspective - Blog

Sunak's new Super-Deduction – now is the time for retail investment?

Published on 15 Mar 2021. By Ben Roberts, Partner

A significant measure with the potential to benefit the retail industry was announced by the Chancellor last week as part of the Spring Budget. This will take the form of a new 'super-deduction', available from April for a limited 2-year period.

Perspective - Publication

Time for action on abusive card charges

Published on 11 Mar 2021. By Jeremy Drew, Partner, Head of Commercial and Karen Hendy, Partner, Head of Corporate

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.

Perspective - Publication

New year, new strategy – what to expect in a post-pandemic retail landscape

Published on 04 Mar 2021. By Karen Hendy, Partner and Jeremy Drew, Partner

Most importantly, retailers and brands must be ready to change and evolve to meet the rapidly shifting demands of consumers.

Perspective - Blog

What if the CEO asks me about…. whether employees need to be vaccinated before coming back to our premises

Published on 25 Feb 2021. By Patrick Brodie, Partner and Jon Bartley, Partner

With Monday's announcement from Boris Johnson, and the vaccination programme gathering speed, you will, hopefully, soon be re-opening your stores and offices, bringing more of your colleagues back to work.

Perspective - Publication

Retail Compass Spring edition 2021

Published on 12 Feb 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.

Perspective - Blog

Dry January? No/lo drinks to start 2021

Published on 26 Jan 2021. By Ciara Cullen, Partner and Elizabeth Zang, Associate

The popularity of no/lo drinks has skyrocketed with no/lo drinks toppling craft beer as the UK's top tipple in 2020 (the SIBA British Craft Beer Report 2020).

Perspective - Blog

What if the CEO asks me about... protecting our supply chain?

Published on 13 Jan 2021.

The interlinked and complex nature of modern global supply chains make them vulnerable to a range of risks, including multiple potential points of failure and slimmer margins of error to account for delays or disruptions. The COVID-19 pandemic, coupled with Brexit, have created a once-in-a-generation test of supply chain planning, agility and flexibility for retailers and their suppliers. While these circumstances may lead to a revisiting of supply chain strategy and optimisation in the long term, short-term actions will need to be taken to meet the immediate challenge.

Perspective - Blog

Buy Now Pay…after Christmas? The ASA's new guidance on BNPL advertising

Published on 22 Dec 2020.

The ASA has published detailed guidance to retailers when advertising delayed payment services (Guidance), often called Buy Now Pay Later products (BNPL).

Perspective - Publication

What if the CEO asks me about… the latest online customer solutions?

Published on 01 Dec 2020. By Paul Joukador, Partner

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.

Perspective - Publication

Data and the trust barometer – the new frontline of retail

Published on 30 Nov 2020. By Oliver Bray, Senior Partner and Karen Hendy, Partner, Head of Corporate

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.

Perspective - Blog

Tiers for [GDPR] fears

Published on 26 Nov 2020. By Jon Bartley, Partner

Beware collecting employee data amid lockdowns and changing working patterns

Perspective - Blog

The big transition back to work: how to relieve your stress and anxiety with this simple strategy for self-care with Eric Ho, Bumblebee Wellbeing

Published on 02 Sep 2020.

Negative feelings can have powerful negative consequences on you and your team’s mental and physical health. I’ve observed first-hand how the individuals and teams I work with are coping with lockdown. As the restrictions on physical distancing relax, so their negative feelings of dislocation, uncertainty, and fear have increased. And they seem to be intensifying as many individuals are now factoring in a return to their offices or work premises.

Perspective - Blog

Consumer confidence: contact, controls and connections

Published on 28 Aug 2020.

We asked Laura Saunter from trend forecasting giant WGSN (by Ascential) to give her insights on what’s next for consumer behaviour in light of Covid-19. WGSN is the world’s leading consumer and design trend authority, serving the fashion and creative industries with market leading products.

Perspective - Blog

The clock is ticking very loudly

Published on 27 Aug 2020.

Brexit may have taken a backseat over the last few months whilst governments and businesses have responded to the impact of Covid-19, but as the final deadline to request an extension to the transition deadline has now passed, Brexit is back fighting for top spot on the agenda. We get an insight from the British Retail Consortium (BRC) on key issues for the retail sector.

Perspective - Blog

Roundup of ASA guidance on advertising responsibly in relation to COVID-19

Published on 31 Jul 2020.

Retailers seeking to reference the Covid-19 pandemic in their advertising should be aware of the Advertising Standards Authority’s (ASA) recent guidance and robust enforcement activity in this area.

Perspective - Blog

Return of the MAC (clauses) and practical steps for the retail world

Published on 31 Jul 2020.

The Covid-19 crisis is putting Material Adverse Change (or material adverse effect) (MAC) clauses back in the spotlight, none more so than in the world of retail.

Perspective - Blog

Force majeure in a retail context in light of COVID-19

Published on 31 Jul 2020.

In general commercial contracts, force majeure clauses can often be overlooked as standard ‘boilerplate’ with little negotiation between the parties. Covid-19 and the disruption caused to businesses has highlighted how important these clauses can be for all types of commercial agreements and we anticipate that there will be significant focus on force majeure wording going forwards.

Perspective - Blog

Consumers return to retail. The retail story in China…where are things now?

Published on 31 Jul 2020.

Globally, the retail sector has been heavily impacted by Covid-19. As the epicentre for the outbreak of the virus in January 2020. China is now one of the first economies showing signs of recovery, and retailers are looking to understand the pattern there, in order to help predict how retail will recover (and how long it will take to do so) following enforced store closures and restrictions on people’s daily lives.

Perspective - Blog

Livestream shopping: making platform partnerships a success

Published on 31 Jul 2020.

Livestream shopping is a live shopping event – think QVC - hosted by a brand on its own, or a third party website/mobile app. Usually, a celebrity, social media influencer or brand worker demonstrates a product and answers questions from a digital audience in real-time. Viewers are able to immediately purchase the item from an embedded link online. Just like presenters on QVC, livestreaming hosts sell a wide range of products, from apparel and cosmetics to electronics and even cars. In China, live streaming is a wildly popular way to shop, with the market worth an estimated US$63bn to its economy in 2019. (but the technology is starting to catch on in the US and UK too). The first major livestream shopping player emerged in China in 2016 when Alibaba first launched Taobao Live. Since then, platforms like Tmall, Douyin or Xiaohongshu have become key Chinese e-commerce sites and saw a big spike in demand during lockdown as shoppers were forced to shop from home

Perspective - Blog

Retail returns in light of COVID-19

Published on 31 Jul 2020.

Many retail businesses have reopened/are preparing to reopen as the Covid-19 lockdown eases. Whilst retailers hope that sales will surge as consumers rush to the shops that they have been unable to visit since March, some fear that a large percentage of transactions will be returns of goods purchased pre-lockdown.

Perspective - Blog

Stores in focus; reopenings, safety and single use (plastic) setback

Published on 31 Jul 2020.

With stores reopened, retailers face an unprecedented operational challenge in delivering the retail experience.

Perspective - Blog

Furlough fraud and Government clawback: managing the risk

Published on 31 Jul 2020.

HMRC has the right to go back up to five years when considering businesses’ (including retailers’) records relating to the Coronavirus Job Retention Scheme (the “furlough scheme”) and will be able to clawback funds which have been claimed in error, or fraudulently, under new powers contained in the Finance Bill 2020, which is expected to become law in the latter half of 2020.

Perspective - Blog

Furlough forecast: What kind of employment law claims are on the horizon?

Published on 31 Jul 2020.

As retail workforces continue to be re-organised, what kind of employment claims could be brought by employees in the coming months, in light of the Coronavirus Job Retention Scheme (or furlough scheme) and what can you do in anticipation?

Perspective - Blog

Temporary COVID-19 measures in respect of AGMs and other general meetings

Published on 31 Jul 2020.

The Corporate Insolvency and Governance Act 2020 (CIGA), which came into force on 26 June 2020, provides temporary measures which enable companies to comply with their legal requirements on holding annual general meetings (AGMs) and other meetings whilst still respecting social distancing legislation and guidance.

Perspective - Blog

UK Government introduces “suspension” of wrongful trading provisions

Published on 31 Jul 2020.

In March 2020, Business Secretary Alok Sharma announced that provisions on wrongful trading would be suspended. The move came as part of a wider package of measures that sought to provide assistance to businesses – and their beleaguered boards – experiencing financial distress due to Covid-19. Now set out in the Corporate Insolvency and Governance Act 2020 (CIGA), which was passed on 26 June 2020, the provisions adapt the wrongful trading regime making directors’ liability for the “relevant period” unlikely.

Perspective - Blog

Corporate Insolvency and Governance Act – Supplier Terms

Published on 31 Jul 2020.

On 26 June 2020 the Corporate Insolvency and Governance Act (CIGA) came into force. The CIGA has made both permanent and short-term changes to the insolvency regime in response to the coronavirus pandemic and its consequences.

Perspective - Publication

Retail Compass Summer edition 2020

Published on 28 Jul 2020. By Jeremy Drew, Partner and Karen Hendy, Partner

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.

Perspective - Blog

'Nosecco' is a no-no, says the High Court

Published on 01 Jul 2020. By Ciara Cullen, Partner and Sarah Mountain, Partner

In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

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.

Perspective - Blog

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner

At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

Perspective - Blog

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner

At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

Perspective - Blog

Give retailers a break, lawyers tell creditors

Published on 16 Apr 2020.

Lawyers have called for a break on winding-up petitions against retailers as they fail to pay creditors due to the outbreak. So far, retailers have been hit with 52 winding-up petitions since the beginning of the year, with the numbers accelerating since the coronavirus outbreak took hold, according to lawyers at RPC.

Perspective - Blog

Could I mitigate my losses by using my premises for other purposes?

Published on 14 Apr 2020.

With the inevitable impact of the coronavirus on retail businesses, many will be looking to mitigate their losses. One obvious way of doing this would be to use their premises, often their single largest overhead, for other uses. But is this possible and what must you consider?

Perspective - Blog

COVID-19: The groceries sector - temporary competition law exemption comes into force

Published on 03 Apr 2020. By Melanie Musgrave, Of Counsel

In light of "exceptional and compelling reasons of public policy" arising from the Covid-19 pandemic, the Secretary of State (the "SoS") has announced temporary competition law arrangements in the groceries sector.

Perspective - Blog

Changing retail landscape leads to decline in employee numbers

Published on 21 Nov 2019. By Kelly Thomson, Partner, ESG strategy lead

The retail sector continues to face change and challenge from every conceivable angle and employment within the sector is following this trend.

Perspective - Blog

Fixing Fast Fashion: Parliament aims to put the brakes on retailers

Published on 10 Apr 2019. By Jeremy Drew, Partner, Head of Commercial

'Fast fashion' has been providing inexpensive, up to date styles to the mass market for decades, keeping the consumer both on trend, and in the black. However, as society becomes increasingly aware of the environmental and social impact of the retail sector, Parliament has thrown a spotlight upon the sustainability of 'fast fashion' and the modern retailing practices which underpin it.

Profile

Kim Wright

Senior Associate

Perspective - Publication

Entering the codified world – Code of Conduct for directors

Published on 03 Jul 2024. By Matthew Watson, Partner

The Institute of Directors (IoD) has recently published a consultation paper on a Code of Conduct for Directors (the Code) to assist directors in making better decisions given their increasingly "vital, complex and challenging" roles and responsibilities.

Perspective - Publication

Lawyers Covered - June 2024

Published on 28 Jun 2024. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and James Ainsworth, Senior Associate and Dan Bryan, Associate and Karl Shortman, Associate and Aimee Talbot, Knowledge Lawyer

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the March edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Perspective - Publication

Regulatory Radar - June 2024

Published on 27 Jun 2024. By Gavin Reese, Partner, Head of Regulatory

Welcome to the June 2024 edition of RPC’s bi-annual Regulatory Radar – a guide to the key regulatory changes worth having on your radar. We hope this will be a useful resource, helping you scan the regulatory horizon and highlight changes that could impact your business.

Perspective - Publication

Financial Crime Time - Your update from RPC: 2024 Q2

Published on 25 Jun 2024. By Adam Craggs, Partner and Michelle Sloane, Partner

Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that are of interest and which may affect your business.

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.

Perspective - Publication

Lawyers Covered - May 2024

Published on 29 May 2024. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Helen Lindup, Associate and Georgia Durham, Associate and Lauren Paterson, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the May edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Perspective - Publication

Regulatory Radar: quick takes - May 2024

Published on 07 May 2024. By Gavin Reese, Partner, Head of Regulatory

Welcome to the May 2024 edition of our bi-monthly Regulatory Radar: quick takes, which pulls together recent developments from across the UK’s regulators.

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.