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Accessory liability: when will directors be held liable for IP infringements committed by their companies – and what is counted as "profits"?
The Supreme Court in Lifestyle Equities CV & Anor v Ahmed & Anor [2024] UKSC 17, has allowed an appeal by two company directors who were found liable as accessories to trade mark infringement by the company in which they were directors. The decision provides helpful clarification on the required elements for accessory liability in the context of IP right infringement claims and confirms the sums to be included in an account of profits if liability is established (spoiler alert: a director's salary is not considered to be "profit").
Read moreOnline platforms should Swatch out: Samsung found liable for infringing third-party content available on the Samsung Galaxy App store
The Court of Appeal in Montres Breguet SA v Samsung Electronics [2023] EWCA Civ 1478 has dismissed Samsung's appeal and upheld a first instance decision which found it liable for trade mark infringement in relation to third-party watch faces available on the Samsung Galaxy App store. This judgment provides guidance on what constitutes "use" of a sign by an online app store and the applicability of the e-Commerce Directive hosting defence.
Read moreFast-growing IP and tech practice at RPC welcomes Caroline Tuck as Partner
International law firm RPC is pleased to announce the appointment of Caroline Tuck as a Partner in its Intellectual Property and Technology (IP & Tech) team. Caroline Tuck joins RPC from Deloitte, where she was a Director in the Disputes team.
Read moreThe November 2023 AI safety summit and the UK's direction of travel
The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.
Read moreTelecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)
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).
Read moreRolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)
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.
Read moreA narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)
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.
Read moreReproduction of infringing content online: who's liable?
Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.
Read moreAll change! No extension means major changes for IP rights holders from 1 January 2021
Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.
Read moreThe Times recognises RPC among Best Law Firms 2024
International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.
Read moreA matter of interpretation – the Supreme Court look at contractual interpretation once more
In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.
Read moreNo bouncing back for directors
Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.
Read moreAll is not (necessarily) lost: Crypto crime recovery
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.
Read moreFTT prevents HMRC from having two bites of the cherry!
In Lady Henrietta Pearson v HMRC [2014] UKFTT 890 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') concluded that HMRC had "ignored" its previous decision by seeking to reduce the amount of a VAT refund which it had ordered HMRC make to Lady Henrietta Pearson ('the taxpayer').
Read moreMoney Covered: The Week That Was – 25 July 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreGeneral Liability newsletter – July 2025
Welcome to the latest edition of our general liability newsletter. In this edition we look at the Personal Injury Discount rate, the Terrorism (Protection of Premises) Bill and the recent case of Williams-Henry v Associated British Ports you have any questions please get in contact with a member of the team.
Read moreMoney Covered: The Week That Was - 18 July 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreNon-bank firms, their directors and insurers: mind the (non-financial misconduct) gap!
Earlier this month the FCA published its final policy statement and consultation paper CP25/18 introducing a new rule, COCON 1.1.7R, extending existing rules on non-financial misconduct (NFM) from banks (only) to non-banking firms. The FCA has also made clear that firms will be required to report serious substantiated NFM to the FCA and include the same in regulatory references to prevent "rolling bad apples" within the industry.
Read moreInsurance Covered: Why does everyone ignore insurance? (Even though it's the answer for everything) (With Lorcan Hall)
Welcome to Insurance Covered, the podcast that covers everything insurance.
Read moreMoney Covered: The Week That Was - 11 July 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreAI-dentifying risks: ensuring trust: the new RICS standard
On 4 March 2025, the RICS ran a public consultation on its new professional standard, "Responsible use of AI 1st Edition" which ran until 29 April 2025. Members were asked to participate in order to help frame the way in which the RICS incorporates the use of AI in the industry.
Read moreSupreme Court resolves key construction and professional negligence issues in URS Corp Ltd v BDW Trading Ltd
The Supreme Court handed down its keenly awaited judgment in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21 on 21 May 2025. The dispute concerns whether a developer (BDW Trading Ltd) can recover the cost of remedying allegedly dangerous defects in two residential developments from the structural engineers (URS Corporation Ltd) responsible for their design. Our specialist construction insurance team consider the key points for insurers, brokers and professional consultants.
Read moreML Covered - July 2025
We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreMoney Covered: The Week That Was - 4 July 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreBeyond the 'threshold'? A narrowing view of work equipment
We take a look at the case of George Morriss v London Borough of Hillingdon [2025] EWHC - In another significant ruling on liability for injuries sustained on public highways, the court reinforces the considerable evidentiary responsibility resting with claimants.
Read moreThe Month that Was – May/June 2025 – a look at Employment Practices Liability Insurance and its relationship to D&O
In this episode, Mel is joined by Kim Wright and Matt Watson to discuss Employment Practices Liability (EPL) insurance, its scope, and its intersection with Directors & Officers (D&O) insurance.
Read moreA look at insuring today's diversity (With Heidi McCormack)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode, Peter Mansfield is joined by Heidi McCormack, CEO at Emerald Life, to discuss the importance of diversity and inclusion in the insurance industry.
Read moreML Covered - June 2025
We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreSurveying the risks: RICS proposed updates tackling financial crime
Financial crime is on the rise. In response to the new technologies criminals are using, such as AI and cryptocurrency, RICS launched a consultation calling on members, regulated firms and key stakeholders to respond to its consultation on proposed changes to "The Financial Crime Standard" (The RICS Countering Financial Crime: Bribery, Corruption, Money Laundering, Terrorist Financing, and Sanctions Violation Professional Standard).
Read moreMoney Covered: The Week That Was – 30 May 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreWarranty and Indemnity Insurance Q&A – Current Trends and What to Look Out For
The Asia Warranty and Indemnity (W&I) insurance market is expanding rapidly to meet demand as businesses and market participants become increasingly aware of the benefits that transactional insurance can offer. The dynamics in this space are everchanging – the incorporation of W&I in deals, insurers' expectations on the level of due diligence, terms of policies and level of coverage provided are all adapting to demand. This article highlights some recent trends we have encountered and factors to look out for in order to seize opportunities in current market conditions.
Read moreLliuya v RWE AG - Expanding climate impact litigation
The German court has today (28 May 2025) dismissed the long-running climate impact litigation case of Lliuya v RWE , heard before the Higher Regional Court of Hamm, Germany, between 17 and 19 March 2025.
Read moreMoney Covered: The Week That Was – 23 May 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreA look at Takaful insurance (With Wajahat Khawaja)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Wajahat Khawaja and the topic of discussion is Takaful, an Islamic form of insurance.
Read moreMoney Covered: The Week That Was – 16 May 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreCouncil liability in cases of personal injury suffered on public highways
We take a look at the case of George Morriss v London Borough of Hillingdon [2025] EWHC - In another significant ruling on liability for injuries sustained on public highways, the court reinforces the considerable evidentiary responsibility resting with claimants.
Read moreMoney Covered: The Week That Was – 9 May 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreML Covered - May 2025
We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreMoney Covered: The Week That Was – 25 April 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreMoney Covered: The Week That Was – 17 April 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreInsurance Covered: A look at D&O insurance (With Natalie Graham)
Welcome to Insurance Covered, the podcast that covers everything insurance.
Read moreMoney Covered: The Week That Was – 11 April 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreML Covered - April 2025
We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreMoney Covered: The Week That Was – 4 April 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreInsurance Covered: Navigating the world of insurance finance (With Stephen Brookson)
Welcome to Insurance Covered, the podcast that covers everything insurance.
Read moreMoney Covered: The Week That Was – 28 March 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreInsurance Covered: A look at reinsurance (With Ben Rose)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Ben Rose, Co Founder of Supercede.
Read moreML Covered - March 2025
As we welcome the New Year, we are pleased to share our latest version of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
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