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Disputes Yearbook 2021: Retail disputes

Published on 04 May 2021. By Jeremy Drew, Partner, Head of Commercial

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.

False statements in a bill of lading and the indemnities to a master

Published on 02 Mar 2021.

This Article discusses the recent decision of the English Court of Appeal in the case of “TAI PRIZE” [2021] EWCA Civ 87 on the industry practice of Masters signing bills of lading containing statements about the condition of the cargo, the threshold of the Master's inspection, whether they amount to representations and the consequences of the statements turning out to be false.

Misrepresentation, inducement, reservation of rights, affirmation of contract, rescission and damages in lieu of rescission

Published on 24 Feb 2021.

This Article discusses the recent decision of the English High Court in the case of SK Shipping Europe LLC v (3) Capital VLCC 3 Corp (5) Capital Maritime and Trading Corp [2020] EWHC 3448 (COMM) and the lessons learnt from that case and its application under English law and Singapore law.

All is not (necessarily) lost: Crypto crime recovery

Published on 30 Jun 2022. By Adam Craggs, Partner

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.

Retail Compass Spring 2024

Published on 15 Apr 2024. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to the Spring edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting retailers and consumer brands and provide our thoughts on those crucial, need-to-know issues.

What if the CEO asks me about… the options available for a company facing financial difficulties?

Published on 26 Mar 2024. By Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer

The latest government insolvency statistics highlight that the downturn in the UK economy is still taking a significant toll and the number of UK corporate insolvencies in February 2024 remains high (and 17% higher compared to February 2023).

Arresting times: Significant changes to UK corporate criminal liability and corporate transparency

Published on 04 Dec 2023. By Karen Hendy, Partner, Head of Corporate and Sam Tate, Partner

The Economic Crime and Corporate Transparency Bill (the Bill) is set to overhaul the existing corporate criminal liability and corporate transparency regimes.

The EU Digital Markets Act: a levelling of the playing field?

Published on 15 Nov 2023. By Eleanor Harley , Senior Associate

The Digital Markets Act (the DMA) forms part of the EU’s Digital Services Act package, placing new obligations on “gatekeeper” platforms who offer core platform services to business and end-users established or located in the EU, irrespective of the gatekeepers’ place of establishment, residence, or any national laws applicable to their service.

Drip pricing, fake reviews and other digital dark arts

Published on 30 Oct 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

The Digital Markets, Competition and Consumers Bill (the Bill) is currently at Report Stage in its journey through Parliament. When it comes into force, we will see a significant enhancement of the UK’s consumer protection regime – with a particular focus on maximising transparency to consumers, to help them find better deals and avoid being ripped off.

"Recommended for you" - Data risks in AI-powered customer solutions

Published on 25 Oct 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

Retailers and consumer brands are increasingly using AI online and in stores. Examples of how the technology could be leveraged include generative AI like ChatGPT, the automation of supply chains or the detection of fraud. Data regulators in the UK and EU are starting to catch up to the use of these technologies and making their positions known.

Navigating social washing risk – a roadmap

Published on 23 Oct 2023. By Kelly Thomson, Partner, ESG strategy lead

Retailers and consumer brands are increasingly aware of the significant risks associated with “greenwashing”. Those wanting to play in the green space must be able to back up their eco-friendly claims or face the wrath of regulators and consumers. But how many have got to grips with the equivalent business risks of being accused of “social washing”? I suspect significantly fewer. Social washing is the practice of trading off perceived or advertised social credentials which are not reflected in the way the business operates. It’s about putting a black square or #BLM on your social media whilst having no people of colour in any leadership roles. It’s about selling rainbow flag adorned Pride merchandise but letting your trans employees be bullied. Like greenwashing, social washing is about profiting from what you say or project, without backing it up with what you do when no one is watching (or buying). Businesses fail to appreciate this disconnect at their peril, as illustrated beautifully by the Gender Pay Gap bot, set up with this simple mission: “If you tweet about #IWD2023 [International Women’s Day 2023], I’ll retweet your gender pay gap”. In other words, if you tell me yours, I’ll show you yours and you won’t like it.

Retail Compass Autumn 2023

Published on 17 Oct 2023. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to our Autumn 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.

Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges

Published on 18 Jul 2023.

On 4 July 2023, RPC partnered with the British Retail Consortium (BRC) to host the conference 'Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges'.

A shifting landscape? The outlook for data regulation in 2023

Published on 09 Jun 2023. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner, Head of Public Companies

The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.

What if the CEO asks me about… the future of hybrid working in retail?

Published on 30 May 2023. By Ellie Gelder, Senior Editor Employment & Equality and Joanna Holford, Senior Associate and Kelly Thomson, Partner, ESG strategy lead

The pandemic brought flexible working to the forefront of how we work, with most employers adopting some form of hybrid working.

CSRD: shakeup of the EU's sustainability reporting rules

Published on 25 May 2023. By Sophie Tuson, Senior Associate and Sarah Mountain, Partner and Connor Cahalane, Partner, Head of Public Companies

The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.

Deposit Return Scheme: Key considerations for drinks  producers and retailers in the UK

Published on 16 May 2023. By Jeremy Drew, Partner, Head of Commercial

Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.

Going Green – staying on the right side of competition law

Published on 15 May 2023. By Melanie Musgrave, Of Counsel and Leonia Chesterfield, Of Counsel

Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.

New REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?

Published on 09 May 2023. By Paul Joukador, Partner and Patrick Brodie, Partner

When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.

Retail Compass Spring 2023

Published on 27 Apr 2023. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to our 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.

What if the CEO asks me about... using Artificial Intelligence in our Retail stores?

Published on 28 Mar 2023. By Paul Joukador, Partner

The term "artificial intelligence" (AI) describes a range of technologies that enable machines to perform tasks that typically require human intelligence, such as the ability to comprehend, act and learn.

What if the CEO asks me about… electric vehicle charging points?

Published on 08 Mar 2023. By Elizabeth Alibhai, Partner and Lola Akinloye, Associate

The adoption of electric vehicles (EVs) on our roads is growing, and with that comes an increased demand for EV charging points. However, the uneven distribution of EV charging points across the country is now presenting an opportunity for retailers in the fight for customers.

Casting your net zero ambitions: eight key steps for retailers

Published on 24 Nov 2022. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG strategy lead and Ellie Gelder, Senior Editor Employment & Equality

With climate change at the forefront of the ESG agenda, the employment relationship, and the opportunities to engage with the workforce on this subject, are crucial ingredients in the quest to becoming a truly green retailer.

UK set to reform consumer protection legislation and its competitive regime

Published on 10 Nov 2022. By Melanie Musgrave, Of Counsel and Joe Lippitt, Partner and Hettie Homewood , Senior Associate

The UK is set to introduce a wide array of changes to its consumer protection legislation and competition regime. The focus of the changes revolves around giving greater protection to consumers over subscription traps, tackling fake reviews and improving enforcement. The latter is likely to bring in GDPR/competition law-level fines for breaches of consumer protection legislation or non-compliance with the CMA's investigations or remedies, with maximum fines of up to 10% of global annual turnover.

What if the CEO asks me about... Buy-Now-Pay-Later promotions?

Published on 03 Nov 2022. By Whitney Simpson, Of Counsel

As consumers battle with the rising cost of living, many face difficult decisions about how they will finance their spending.

Retail Compass Autumn 2022

Published on 12 Oct 2022. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to this bumper Autumn edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting Retail and Consumer Brands and provide our thoughts on those crucial, need-to-know issues.

Where to next for Buy Now Pay Later?

Published on 12 Oct 2022.

On Monday 20 June 2022, HM Treasury responded to its consultation on proposals to extend regulation to unregulated Buy Now Pay Later (BNPL) products. This consultation closed in January 2022. The Treasury's response confirmed the scope of regulation will cover BNPL products and short-term interest free credit (STIFC) provided by third-party lenders.

Extended producer responsibility for packaging: How to prepare

Published on 12 Oct 2022.

In the Spring 2022 edition of Retail Compass, we reported on the Government's consultation on regulations covering extended producer responsibility (EPR) which places the financial burden of dealing with packaging once it becomes waste on producers as opposed to taxpayers.

It's a supermarket sweep as HFSS products face sweeping promotion and placement restrictions

Published on 12 Oct 2022.

In an attempt to tackle obesity in the UK, in particular childhood obesity, a swathe of restrictions on the placement and promotion of HFSS products in-store and online will be introduced in phases from October 2022 to January 2024.

Online Sales Tax: the right way forward?

Published on 12 Oct 2022.

On 25 February 2022, HM Treasury launched a consultation exploring the possible introduction of an online sales tax (OST) to address the imbalance resulting from the higher business rates applying to in store retailers, compared to online businesses. The consultation closed on 20 May 2022.

Greenwashing: UK regulators set their sights on misleading green claims with an increasing focus on sectors such as fashion retail and F&D

Published on 12 Oct 2022.

UK consumer regulators, the Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA), are ramping up their enforcement of green claims to protect consumers from 'greenwashing'

What if the CEO asks me about… using customer personal data to achieve our commercial objectives?

Published on 15 Aug 2022. By Amy Blackburn, Senior Associate and Jon Bartley, Partner

As a society, we are increasingly able to collect, store and use large volumes of personal data. For retailers and consumer brands, this can provide a valuable source of intelligence around customer behaviour and market trends. While using personal data for these purposes undoubtedly provides opportunities, it can also potentially create risk due to the heavily regulated privacy landscape.

What if the CEO asks me about…. a visit from an Environmental Health Officer

Published on 27 May 2022. By Ciara Cullen, Partner and Oliver Bray, Senior Partner and Sophie Tuson, Senior Associate

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.

What if the CEO asks me about…Corporate Criminal Liability and its potential reforms?

Published on 05 Apr 2022. By Sam Tate, Partner and Robert Semp, Associate

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.

Retail Compass Spring Edition 2022

Published on 05 Apr 2022. By Jeremy Drew, Partner and Karen Hendy, Partner

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.

What if the CEO asks me about… avoiding greenwashing?

Published on 02 Feb 2022. By Ciara Cullen, Partner and Oliver Bray, Senior Partner and Sophie Tuson, Senior Associate

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.

Shift in consumer rights landscape increases risks for retailers

Published on 13 Dec 2021.

International data transfers: time to update to the new standard contractual clauses

Published on 08 Oct 2021. By Jon Bartley, Partner

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.

CMA publishes guidance on environmental claims – how can retailers avoid greenwashing?

Published on 05 Oct 2021. By Sophie Tuson, Senior Associate and Ciara Cullen, Partner

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.

The Omnibus Directive – New EU consumer rights are on the way

Published on 01 Oct 2021. By Anna Greco, Senior Associate and Oliver Bray, Senior Partner

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.

What if the CEO asks me... about ESG-linked financing facilities

Published on 28 Sep 2021. By Edward Colville, Partner and Sukh Ahark, Partner, Co-head of India Desk

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.

What if the CEO asks me... about ESG-linked financing facilities

Published on 28 Sep 2021. By Edward Colville, Partner and Sukh Ahark, Partner, Co-head of India Desk

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.

Retail Compass Autumn edition 2021

Published on 21 Sep 2021. By Karen Hendy, Partner and Jeremy Drew, Partner

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.

New EPC rating requirements and the impact on retailers

Published on 01 Sep 2021. By Elizabeth Alibhai, Partner

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.

What if the CEO asks me about… the people implications of our growing online presence

Published on 21 Jul 2021.

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).

What if the CEO asks me about... whether we are all set for an advertising blitz now lockdown is easing?

Published on 24 May 2021. By Paul Joukador, Partner

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.

Retail credit rating downgrades

Published on 15 Apr 2021.

How to stop a downgrade becoming a default

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.

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.