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Municipio de Mariana-v-BHP – the evolution of environmental group litigation in the English courts

Published on 28 Jul 2022. By Lucy Dyson , Partner

Earlier this month, the Court of Appeal handed down its much-awaited decision in Municipio de Mariana -v- BHP . This was an appeal by over 200,000 Brazilian claimants seeking to overturn the High Court's dismissal of £5bn group claims against BHP (England and Australia), in relation to damage arising from the 2015 Fundao dam collapse and worst environmental disaster in Brazil's history. The cases are now able to proceed in the English courts against BHP England and BHP Australia (causes of action under Brazilian law, including strict liability as an indirect polluter and fault based civil liability).

Is the FCA to blame for BSPS? MPs seem to think so

Published on 22 Jul 2022. By Rachael Healey, Partner

The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.

The Fire Safety Act – An update

Published on 27 May 2022. By Georgina Haynes, Senior Associate and Katharine Cusack, Partner and Alexandra Anderson, Partner

Since the Fire Safety Bill received Royal Assent on 29 April 2021, it has been in limbo, waiting for its provisions to be brought into force. This has now happened, at least in part, with the publication of the Fire Safety (England) Regulations 2022 (the Regulations) made under article 24 of the Fire Safety Order (the FSO).

'Big Plastic' is an emerging climate risk and a ticking time-bomb for litigation

Published on 14 Apr 2022. By Lucy Dyson , Partner

The tangible commitment to plastics regulation and action will likely trigger a new wave of plastics-related litigation.

FCA consultation on British Steel redress scheme published

Published on 31 Mar 2022. By David Allinson, Partner and Robert Morris, Partner

The FCA has now published its consultation paper on the proposed redress scheme for British Steel Pension transfers under s.404 of FSMA. The scope of this is wider than anticipated and the proposals contain some surprises around the lack of an opt-in process and potential involvement of FOS.

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 Feb 2022. By Rachael Healey, Partner

Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

The Future of Insolvency Regulation

Published on 04 Jan 2022. By Rachael Healey, Partner

On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.

First English judgment on the ‘Duty of Fair Presentation’ under the Insurance Act 2015

Published on 17 Dec 2021. By Catherine Percy, Partner

Berkshire Assets (West London) Limited v AXA Insurance UK plc [2021] EWHC 2689 (Comm) High Court of Justice Queen’s BenchDivision Commercial Court This judgment of the High Court Queen’s Bench Division provides a welcome analysis of how the courts will approach a policyholder’s breach of the ‘Duty of Fair Presentation’ under the Insurance Act 2015 (the ‘Act’).

When does an arbitration clause become binding? A reminder from the English High Court in Markel Bermuda Limited v Caesars Entertainment Inc

Published on 02 Nov 2021. By Sarah Herniman, Associate

Parties can agree and become bound by an arbitration clause in advance of the finalisation of the remainder of a contract; a recent case in the English High Court concerning an insurance policy has served as a salient reminder. The judgement also includes a thorough walk through of the law as to when an insurance policy comes into existence (Hint: it is not necessarily when the final policy wording is provided to the Insured and/or its broker).

Navigating the hazards of Part 36 offers Part 2

Published on 08 Oct 2021. By Gavin Reese, Partner, Head of Regulatory

In our first article we looked at problems associated with settlement offers made in multiparty actions and settlement offers where the intended consequence is unclear. In this article we look at some of the issues that can be caused by the litigation process itself and upon the way the offer is made.

Navigating the hazards of Part 36 offers Part I

Published on 28 Sep 2021. By Gavin Reese, Partner, Head of Regulatory

Most claims seek money from other people. Although such claims might be for money owed for goods and services, or compensation for loss caused by breach of contract, or compensation for injury or damage to property or for defamation, the fundamental point of the claim is that the Claimant wants to be paid, and will agree to settle if sufficient money is offered.

Subsidence mitigation: the legal principles

Published on 11 May 2021. By Ally Yeandle, Associate

Subsidence: mitigating insurer’s outlay and maximising recovery prospects.

Die Hard and the importance of insurance

Published on 18 Dec 2020.

Insurance is at the heart of modern life; and what better way to remind ourselves of this fact, at this festive time of year, than to consider the film Die Hard and all its many insurance claims.

Building on renewable energy #3 – Anaerobic Digestion

Published on 24 Sep 2020.

Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.

Building on renewable energy #3 – Anaerobic Digestion

Published on 24 Sep 2020.

Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.

Product Law bulletin – August 2020

Published on 28 Aug 2020. By Gavin Reese, Partner, Head of Regulatory and Elinor Sidwell, Associate

Welcome to the latest edition of our product law update, this month we focus on how COVID-19 is impacting product liability regulation.

D&O – the irrelevance of the Corporate Insolvency and Governance Act

Published on 28 Jul 2020.

The Corporate Insolvency and Governance Act ("the Act") came into expedited effect on 26 June 2020 and is intended to maximise the chance of corporate survival and reduce the threat of personal liability on directors during this unprecedented economic crisis.

Tax incentives for HK Insurance market

Published on 24 Jul 2020. By Andrew Carpenter, Partner

First proposed in December last year, the Hong Kong Legislative Council has now passed a measure that will reduce profits tax on several insurance businesses.

Practical issues resulting from the impact of lockdown restrictions on BI/DSU losses

Published on 22 Jun 2020. By Alex Almaguer, Partner and Latin America Insurance Practice Lead and Chris Burt, Senior Associate

There has been much discussion about the general impact of COVID-19 on the insurance sector. In this note we highlight some practical issues (re)insurers are facing following the imposition of lockdown restrictions implemented by governments on existing or new BI/DSU losses where there is covered PD that is unconnected with COVID-19.

International risk team: Mediating in a time of social distancing

Published on 16 Jun 2020. By Naomi Vary, Partner and Damon Brash, Senior Associate

The new, and arguably more relaxed, government guidance notwithstanding, it seems inevitable that the COVID-19 crisis will leave people more cautious about face-to-face meetings. Nonetheless, disputes will continue, and so must efforts to resolve them.

No room for error – The decision in Mahoney v Royal Mail

Published on 10 Jun 2020. By Gavin Reese, Partner, Head of Regulatory

In a decision reported by Crown Office Chambers, the claim of Mahoney v Royal Mail had been proceeding through the online claims portal uneventfully and in the usual manner. Liability had been admitted by the Defendant at stage 1 and the parties had been negotiating settlement at stage 2.

Product Law bulletin – June 2020

Published on 05 Jun 2020. By Gavin Reese, Partner, Head of Regulatory and Elinor Sidwell, Associate

Welcome to the latest edition of our product law update, this month we focus on how COVID-19 is impacting product liability regulation.

International risk team: The potential and perils of offshore wind

Published on 04 Jun 2020.

A recent report by the IEA(1) has laid bare the impact of the COVID-19 pandemic on the energy industry. Demand for coal and oil plummeted as entire countries and industries went into lockdown in the first quarter of 2020. Renewable energy, however, bucked the trend and actually saw demand increase, primarily due to larger installed capacity and priority dispatch.

International risk team: To repair or not to repair

Published on 14 Apr 2020.

A universal truth for businesses in the grip of the current global pandemic is that “Cash is King”.

COVID-19: Trials - the show must go on

Published on 09 Apr 2020. By Alexandra Anderson, Partner

Judges are taking to heart the HMCTS's guidance focused on encouraging judges to maximise the use of video and telephone hearings using current technology. So, while the theatres in the UK remain closed, the theatres of justice continue with their activities.

Tax breaks to promote insurance sector

Published on 06 Apr 2020. By Antony Sassi, Managing Partner, Asia and Andrew Carpenter, Partner

On 30 March 2020 the Financial Services Development Council (FSDC) published its paper “Insuring Hong Kong’s Future –Tax Recommendations to Enhance and Grow Hong Kong’s Insurance Industry”. This is a further step taken by the FSDC to enhance the competitiveness of the Hong Kong insurance market as a key global risk management centre and regional insurance hub. The several proposed tax measures would extend to both (re)insurance companies, brokers and individual policyholders.

Building on renewable energy #2 - Wind power

Published on 05 Mar 2020.

Wind power is, unsurprisingly, generated by wind (typically as little as a light breeze) passing over and turning the turbine's blades. The blades are connected via a shaft and gearbox to a generator, which converts the kinetic energy into electrical energy. A transformer then increases the voltage of the generated energy to enable transmission to the grid.

Product Law update - Feb 2020

Published on 28 Feb 2020. By Gavin Reese, Partner, Head of Regulatory and Elinor Sidwell, Associate

Welcome to the latest edition of our product law update, this month we focus on product regulation post Brexit, the relationship between the limitation longstop and the Consumer Protection Act 1987 and product recalls of electrical goods across the UK.

Building on renewable energy #1 - Solar power

Published on 03 Feb 2020.

Solar power is produced by the absorbing of the sun's rays by solar panels. The photovoltaic (pv) cells contained within the panels convert sunlight into electricity, which (after conversion into an alternating current) can then be exported to the grid or used to power the sites on which the panels are situated. This all sounds simple enough, but solar pv arrays can present some challenges from a design and construct perspective.

Building on renewable energy

Published on 03 Feb 2020.

2019 was potentially a significant year for the renewable energy industry. Record temperatures and environmental catastrophes highlighted the need to reduce carbon emissions and make greater use of sources of renewable energy, and political parties championing green policies saw – for the most part – their share of the vote increase both domestically and internationally.

The risks of peer to peer lending

Published on 09 Jan 2020. By Ben Goodier, Partner and Katharine Cusack, Partner

Insurers are on the watch for a potential increase in claims arising in 2020 from peer to peer lending.

Hong Kong insurance regulation update - Regulator Codes of Conduct for Brokers and Agents

Published on 06 Sep 2019. By Andrew Carpenter, Partner

With effect from 23 September 2019, the independent Hong Kong Insurance Authority (the IA) will take over regulation of insurance intermediaries from the three existing self-regulatory organisations (the Hong Kong Confederation of Insurance Brokers, the Professional Insurance Brokers Association, and Insurance Agents Registration Board) and administer a new statutory licensing regime.

High Court rejects Part VII transfer - Prudential and Rothesay Life

Published on 20 Aug 2019. By Neil Brown, Partner

High Court rejects Part VII transfer in Prudential and Rothesay Life case which had been approved by the regulators and blessed by the independent expert.

How the “30 days period” to pay a claim in Latin America works in practice

Published on 04 Jun 2019.

Everyone dealing with Latin American claims will become familiar with the short deadlines imposed in these jurisdictions for paying a claim. However, how those deadlines are applied in practice can be a complex matter to work out.

Latin America insights - Ecuador

Published on 14 Feb 2019.

Ecuadorian (re)insurance claims have formed a part of RPC’s Latin American practice for some years.

The Latin American challenge – a London market perspective

Published on 08 Oct 2018. By Alex Almaguer, Partner and Latin America Insurance Practice Lead

If the London market wants to maintain its leadership in the region, London reinsurers need to look at ways to improve direct communication with local players.

Key legal pitfalls of starting up: Protect your confidential information

Published on 11 Dec 2017. By Charles Buckworth, Partner

Good commercial practice and robust contractual agreements are essential to safeguard confidential information.

Key legal pitfalls of starting up: Agreeing the deal with your co-founders

Published on 05 Dec 2017. By Charles Buckworth, Partner

RPC advice on agreeing the deal with your start-up co-founders, including a list of key considerations, which can prevent expensive disagreements in the future.

Key legal pitfalls of starting up

Published on 27 Nov 2017. By Charles Buckworth, Partner

Introduction to the RPC blog series 'key legal pitfalls of starting up' – a guide for Insurtech start-ups. Contains top-tips on legal issues.

Taxpayer's appeal against refusal of CGT loss relief claim allowed

Published on 27 Jun 2024. By Alexis Armitage, Senior Associate

Tax Tribunal confirms CGT relief for loan to trader not prevented by capitalisation of loan.

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

Published on 20 Jun 2024. By Jasprit Singh, 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

What happens in an HMRC criminal investigation

Published on 06 Jun 2024. By Adam Craggs, Partner and Michelle Sloane, Partner

Tribunal dismisses HMRC's appeal and confirms transactions did not give rise to a taxable remittance

Published on 30 May 2024. By Liam McKay, Senior Associate

In dismissing HMRC's appeal, the Upper Tribunal confirmed that transactions entered into by the taxpayers for the sale of shares did not amount to a taxable remittance under section 809L of the Income Tax Act 2007 because no service was provided in the UK.

Key features of the new non-UK domicile regime

Published on 29 May 2024. By Michelle Sloane, Partner and Jasprit Singh, Associate

The UK government's unexpected announcement in Spring Budget in March on the taxation of non-domicile individuals has sparked concerns and much comment. It represents a major change to the current system of taxation, which is more than 200 years old.

Taxpayers' application for  protective costs order against HMRC refused

Published on 20 May 2024. By Alexis Armitage, Senior Associate

UT dismisses taxpayer's application for a protective costs order against HMRC.

Contentious Tax Update

Published on 16 May 2024. By Harry Smith, Senior Associate and Adam Craggs, Partner

Harry Smith and Adam Craggs examine developments in relation to DOTAS, R&D enquiries, and the Economic Crime and Transparency Act.

Tribunal allows taxpayer's appeal in R&D case against penalty assessment for careless inaccuracy

Published on 03 May 2024. By Jasprit Singh, Associate

In H & H Contract Scaffolding Ltd v HMRC [2024] UKFTT 00151 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty assessment as the inaccuracy in the tax return was not careless.

Contentious tax quarterly: Spring review

Published on 01 May 2024. By Adam Craggs, Partner and Harry Smith, Senior Associate

The last few months have seen a flurry of activity in relation to the DOTAS regime, with HMRC seeking to register arrangements retrospectively and apply substantial penalties for failure to register. Woes continue for those unfortunate enough to have R&D claims under enquiry, and the Economic Crime and Corporate Transparency Act 2023 gives HMRC a significant new tool in relation to suspected criminal activity by bodies corporate and partnerships.

Costly objection by HMRC

Published on 15 Apr 2024. By Harry Smith, Senior Associate

FTT allows costs application where HMRC acted unreasonably in opposing specific disclosure application.