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CMA pushing for more powers on sustainability

Published on 17 Mar 2022. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

Duties of Care to Third Parties in Tax Avoidance Schemes – Disappointment for Investors in McClean as Zacaroli, J Rejects Claims

Published on 16 Mar 2022. By Laura Stocks, Partner and Nick Bird, Partner and Charlotte Thompson, Associate

Mr Justice Zacaroli has now handed down his judgment in David McClean and others v Andrew Thornhill QC [2022] EWHC 457 (Ch) - a ~£40m claim by investors in a tax scheme against one of the leading tax barristers in the country. The judge dismissed the claim in its entirety holding, amongst other things that the barrister did not owe a duty of care to the investors.

Operational Resilience - preparations for 31 March 2022

Published on 15 Mar 2022. By Whitney Simpson, Of Counsel

The deadline of 31 March 2022 is approaching when new rules on operational resilience come into force.

Duties of Care to Third Parties in Tax Avoidance Schemes – Disappointment for Investors in McClean as Zacaroli, J Rejects Claims

Published on 09 Mar 2022. By Nick Bird, Partner and Laura Stocks, Partner and Charlotte Thompson, Associate

Mr Justice Zacaroli has now handed down his judgment in David McClean and others v Andrew Thornhill QC [2022] EWHC 457 (Ch) - a ~£40m claim by investors in a tax scheme against one of the leading tax barristers in the country. The judge dismissed the claim in its entirety holding, amongst other things that the barrister did not owe a duty of care to the investors.

Tackling economic crime and sanctions evasion

Published on 08 Mar 2022.

The draft Economic Crime Bill is now on its way to the House of Lords, having received cross-party approval in the House of Commons.

Russian sanctions: Immediate practical steps

Published on 01 Mar 2022.

At RPC we have years of experience of Russian sanctions and advising companies on sanctions compliance programmes.

Lawyers Covered - February 2022

Published on 28 Feb 2022.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Hong Kong – Appeal case reviews adequacy of regulator’s reasons not to proceed with complaint

Published on 18 Feb 2022. By Samuel Hung, Partner and Jennifer Leung, Associate

In Ng Shek Wai v HKICPA , the Court of Appeal reviewed the adequacy of the reasons for a regulator's decision that there was no prima facie case of professional misconduct. The issue arose in the context of an application for judicial review.

White-collar crime and compliance predictions for 2022

Published on 03 Feb 2022.

In a blink of an eye, we are moving into a new spring with a new set of challenges and opportunities facing businesses. Here are RPC's three white-collar crime and compliance predictions for 2022…

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, Environment and Climate Change Practice Lead

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.

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?

Lawyers Covered - January 2022

Published on 31 Jan 2022.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Lawyers Covered - January 2022

Published on 31 Jan 2022.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Visa navigate the Amazon

Published on 27 Jan 2022. By Ellie Chakarto, Senior Associate

Amazon recently halted its decision to stop accepting Visa credit card payments for UK customers on January 19th. The decision to prohibit the use of Visa credit cards was initially enacted due to a dispute that arose over payment fees levied by card issuers.

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.

Lawyers Covered - December 2021

Published on 23 Dec 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Lawyers Covered - December 2021

Published on 23 Dec 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Regulatory update - December 2021

Published on 20 Dec 2021.

Welcome to the December edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators to help you navigate the regulatory maze.

Financial Crime Time - Your update from RPC: 2021 Q4

Published on 13 Dec 2021. 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 may affect your business.

Shift in consumer rights landscape increases risks for retailers

Published on 13 Dec 2021.

Lawyers Covered - November 2021

Published on 30 Nov 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Lawyers Covered - November 2021

Published on 30 Nov 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

FCA's Perimeter Report – observations for the insurance market

Published on 15 Nov 2021. By Jonathan Charwat, Partner

In late October, the FCA published this year's version of its Perimeter Report. The Perimeter Report is intended to clarify some of the complexities about what the FCA does and does not regulate. It also sets out some areas where the FCA sees potential for customer harm.

Regulatory Initiative Grid sets out multi-regulator pipeline of planned/ongoing regulatory initiatives in the financial services market

Published on 04 Nov 2021. By Jon Bartley, Partner and Jonathan Charwat, Partner and Whitney Simpson, Of Counsel

At the beginning of the week, a number of UK regulators published this year's version of the 'Regulatory Initiatives Grid' which aims to provide a combined pipeline from a number of regulators on ongoing and planned regulatory initiatives affecting the financial services market. Regulators involved include, amongst others, the Financial Conduct Authority, Prudential Regulation Authority, Payments Systems Regulator and Information Commissioners Office.

Regulatory Initiative Grid sets out multi-regulator pipeline of planned/ongoing regulatory initiatives in the financial services market

Published on 04 Nov 2021. By Jon Bartley, Partner and Jonathan Charwat, Partner and Whitney Simpson, Of Counsel

At the beginning of the week, a number of UK regulators published this year's version of the 'Regulatory Initiatives Grid' which aims to provide a combined pipeline from a number of regulators on ongoing and planned regulatory initiatives affecting the financial services market. Regulators involved include, amongst others, the Financial Conduct Authority, Prudential Regulation Authority, Payments Systems Regulator and Information Commissioners Office.

Lawyers Covered - October 2021

Published on 30 Oct 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Lawyers Covered - July 2021

Published on 30 Oct 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Welcome to the age of the virtual influencer

Published on 19 Oct 2021. By Ela Broderick-Basar, Associate

Miquela de Sousa, aka Lil Miquela, is a 19-year old musician and model (having worked with the likes of Prada and Calvin Klein) and currently boasts an impressive 3 million Instagram followers. In 2018, The Times listed Lil Miquela as one of the 'Most Influential People on the Internet.' On the face of it, her profile reads like a dream for any brand looking to engage an influencer for marketing purposes. However, Lil Miquela is not actually real. Lil Miquela was one of the first of new online personalities that are completely controllable virtual influencers (complete with realistic characteristics features and personalities).

Financial Crime Time - Your update from RPC: 2021 Q3

Published on 13 Oct 2021. 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 may affect your business.

The Ads that can't be skipped

Published on 11 Oct 2021. By Tom James, Associate

Product placement is an increasingly popular form of advertising in which goods are deliberately featured in a tv show, film etc. Whilst it used to be primarily confined to use in films such as Back to the Future (Nike), and ET (where Reese's Pieces were ET's favourite snack). Use of product placement is on the rise, and this summer Love Island was dubbed "the most commercialised show ever".

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, Environment and Climate Change Practice Lead 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 Practice

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.

Hire Heels: why the rental clothing market matters

Published on 16 Sep 2021.

The old saying that "you can't wear the same outfit twice" doesn't fit well with younger consumers in particular, who are concerned about sustainability and the environmental hazards posed by fast fashion outlets.

Buy-Now-Pay-Later under the regulatory microscope

Published on 07 Sep 2021. By Whitney Simpson, Of Counsel and Harvey Briggs, Associate

Growth in the Buy-Now-Pay-Later (BNPL) sector is showing no signs of slowing. Square's recent $29 billion acquisition of BNPL behemoth Afterpay being the latest signal that the market is on an upward trajectory. In 2020 alone over 10 million Brits used BNPL to purchase goods online, accounting for nearly 4% of online retail sales. The Financial Conduct Authority (FCA) found that usage had very nearly quadrupled to account for £2.7 billion of spending in 2020. Such popularity, particularly among Gen-Z and Millennials, spans the globe with American consumers spending an estimated $20 billion to $25 billion in 2020 by way of deferred payments.

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.

Lawyers Covered - August 2021

Published on 23 Aug 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

A meaty debate: traditional vs lab-grown alternatives

Published on 13 Aug 2021. By Ben Mark, Partner

The number of vegans and vegetarians in the UK has skyrocketed in recent years and there are an increasing number of 'flexitarians' aiming to reduce their meat intake for health and environmental reasons. Barclays predicts the meat-alternatives market could be worth £140bn by 2029, which is equivalent to 10% of the global meat industry. This market includes both plant-based foods and newer lab-grown meats.

Financial CrimeCast: Robert Skillington-Smith

Published on 03 Aug 2021.

Welcome to Financial CrimeCast. In this series, the Centre for Legal Leadership, supported by RPC, talks to leaders in the field of financial crime, compliance and ethics. Guests discuss their career journey, what they have learnt along the way and the financial crime issues they see on the horizon.

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).

Marketing mishap costs Papa John's

Published on 14 Jul 2021. By Jon Bartley, Partner and Kiran Dhoot, Associate

Last month, the Information Commissioner's Office ("ICO") has issued a £10,000 fine to Papa John's for sending over 165,000 marketing messages without properly meeting the requirements of the "soft opt-in" rule.

Financial Crime Time – Your Update from RPC: 2021 Q2

Published on 06 Jul 2021. 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 may affect your business.

Lawyers Covered - June 2021

Published on 30 Jun 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Retailers to be consulted on new legislation for protection from terrorist attacks

Published on 22 Jun 2021. By Gavin Reese, Partner, Head of Regulatory

The Government is currently consulting with the public and retailers to seek their views on proposed legislation requiring the occupiers of "publicly accessible locations" to implement measures to protect employees and members of the public in the event of a terrorist attack.

Re-commerce: the future of luxury fashion?

Published on 21 Jun 2021. By Paul Joukador, Partner and Harpreet Kaur, Associate

With Gen Z successfully catapulting fashion resale platforms like Depop, StockX and Vinted into the limelight over the last decade, has the time come for the luxury market to enter the world of re-commerce?

The Great British (Local) High Street

Published on 14 Jun 2021. By Dea Gagoshidze, Associate

There is no doubt that the UK high street has been hit hard in recent years, not least by the impacts of the COVID-19 pandemic. But alongside the headline grabbing news of shop closures, there were in fact over 7,500 new shop openings between 1 January 2020 and 31 December 2020.

Lawyers Covered - May 2021

Published on 25 May 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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.