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Take 10 - December 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreThe Model Anti-SLAPP Law: an overview
Following the Government's response to the SLAPP consultation in the summer, the UK Anti-SLAPP coalition (a working group that includes English PEN, the Foreign Policy Centre and Index on Censorship, "the Coalition") has this week published a model Anti-SLAPP law, which has been endorsed by a collection of free speech and anti-corruption organisations, journalists, editors and lawyers.
Read moreTake 10 - November 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreTake 10 - 21 October 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreTake 10 - 7 October 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreTake 10 - September 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreTake 10 - August 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreTake 10 - July 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreTake 10 - June 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreTake 10 - 20 May 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreTake 10 - May 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreInterim injunctions and competing public interests (Attorney General v BBC)
In Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB), an interim injunction has been granted in favour of the Attorney General (AG) to restrain the BBC from broadcasting the identity and image of an alleged covert human intelligence source for MI5 (known only as ‘X’) who is accused of being abusive to two former partners and using his position with MI5 to terrorise and control one of the women. The injunction was granted on the basis that, while it "represented a very significant interference with the right of the BBC to freedom of expression and the correlative right of the public to receive the information the BBC wishes to publish" [23], such a measure was necessary in order to prevent a real and immediate risk to X’s life or safety, as well as the potential wider impact of publication on national security.
Read moreTake 10 #21
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #20
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #19
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #18
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #17
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #16
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #15
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #14
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #13
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #11
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #12
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #10
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #9
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #8
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #7
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #6
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #5
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #4
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #3
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #2
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreTake 10 #1
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreMedia & Entertainment
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Read moreWhat does a new Labour government mean for the management liability market?
We have a new government and the first Labour government for 14 years. What does it mean for the management liability market? We look at what Labour has promised and with that the areas those in the market will want to consider across directors and officers, employment liability and pensions.
Read moreFCA announces thematic review of retirement income advice
The pension freedom reforms changed the way consumers access their retirement funds. This FCA thematic review will put firms under the spotlight with a focus on how the retirement income advice market is functioning in response to changing consumer needs in the current economic downturn.
Read moreFCA responds to criticism of the Public Accounts Committee when it comes to BSPS with rejection of suggestion it should reconsider a wider defined benefit transfer review
In a July blog I reported on the House of Commons Public Accounts Committee report entitled "Investigation into the British Steele Pension Scheme". The blog set out a number of recommendations of the Committee in light of its investigations into the FCA's conduct and regulatory oversight of BSPS and, in particular, the 7,834 members that transferred out of BSPS into a personal pension scheme. We have now had a sneak preview of the FCA's response in the recent Committee minutes. Here's what the FCA had to say.
Read moreFCA Review of AML failings at challenger banks
Throughout 2021, the FCA conducted a detailed review into the financial crime controls of challenger banks as they continued to enter the UK financial industry at a rapid pace. Their surge in popularity is partially linked to the Covid-19 pandemic, which has prompted significant changes in the habits of service providers worldwide. Whilst the FCA's review indicated some evidence of good practice, it is clear that challenger banks must do more to reduce the significant risks of financial crime occurring both at the time of customer onboarding and throughout the subsequent customer journey.
Read moreFCA consults on British Steel redress scheme
The FCA intends to open consultation on an industry wide redress scheme covering British Steel Pension transfers. This is perhaps the only option left for the regulator, but a redress scheme will heap further pressure on an area of the advice industry that is already under fire.
Read moreFCA looks to tighten up appointed representative regime
On Friday the FCA published a consultation paper on potential changes to the existing appointed representative (AR) regime.
Read moreFCA set to expand climate-related reporting rules
The FCA has revealed it will consult on plans to require asset managers, life insurers and FCA-regulated pension schemes to meet climate-related disclosure rules. In doing so, the FCA is expanding the scope of firms required to report on climate-related risks in accordance with the recommendations of the Task Force on Climate-related Financial Disclosure (TCFD).
Read moreFCA set to expand climate-related reporting rules
The FCA has revealed it will consult on plans to require asset managers, life insurers and FCA-regulated pension schemes to meet climate-related disclosure rules. In doing so, the FCA is expanding the scope of firms required to report on climate-related risks in accordance with the recommendations of the Task Force on Climate-related Financial Disclosure (TCFD).
Read morePure Legal interest only mortgage claim – judgment in favour of the mortgage broker on limitation grounds as judge finds the damage was patent not latent
The first judgment following trial in a Pure Legal interest only mortgage claim has now been handed down, with the judge dismissing the claim on the basis that it was out of time, with the claimants having all requisite knowledge of the material facts of the damage from the outset of taking out the interest only mortgage. The judge also found the advice was not negligent.
Read moreWhen is a complaint a complaint under DISP?
A Court of Appeal judgment has recently addressed what constitutes a complaint for the purposes of DISP [Clive Davis v Lloyds Bank [2021] EWCA Civ 557]. It is important to identify when a complaint is made as a regulated firm for two primary reasons: first, a complaint triggers the dispute resolution procedure under DISP of the FCA's Handbook and second, it stops time running for the purposes of time bar when it comes to a complaint to FOS.
Read moreAdditions to FCA DB Transfer Guidance Published
The FCA have published finalised guidance regarding defined benefit pension transfers. The latest publication amends and adds to the draft published in June 2020.
Read moreAdams v Carey – where does the Court of Appeal's decision leave the SIPP market?
The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.
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