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Benchmarkalikes – Aldi's Taurus cloudy cider lemon leaves Thatchers Cider with a headache
In a recently dismissed claim for trade mark infringement and passing off brought by Thatchers Cider we see so called lookalike or "copycat" products continue to provide a major headache for brands. It's the latest in a line of cases showing that the answer to issues arising from supermarkets' "inspired" alternatives, increasingly is rarely found in trade mark or passing off rights.
Read moreKate Hill joins RPC as Partner to co-lead the Bristol Brokers' E&O team
International law firm RPC announced today that Kate Hill , a highly experienced insurance and reinsurance litigator, joins as Partner and will co-lead the development of the firm's Brokers' Errors and Omissions (E&O) team in Bristol with Kirstie Pike.
Read moreMoney Covered: The Week That Was – 26 April
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreTake 10 – 26 April 2024
Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.
Read moreThe Week That Was – 26 April 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreAre you being smart with your connectable products?
The growth of "smart" products that can connect to the internet has grown significantly over the past 10 years and the UK government estimate that there could be 50 million connectable products worldwide by 2030, and on average there are currently 9 in each UK household.
Read moreCourt considers requirements for a condition precedent to litigation in Local Authority application
In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd [2024] EWHC 37 (TCC) a local authority failed in its application to have the claim against it stayed or struck out on the basis of non-compliance with a contractual dispute resolution mechanism.
Read moreRPC elects five New Partners and names five Of Counsel
International law firm RPC has announced the promotion of five Partners and five Of Counsel, effective May 1, 2024.
Read moreThe rise of recommerce
Recommerce (which includes reselling, renting, refilling, repairing or reusing goods) is already an extremely valuable business model, estimated by Barclays to be worth almost £7bn in the UK alone and expected by Visa to increase to £82bn by 2030. This growth – particularly in respect of resale – is widely regarded as being driven by Gen Z consumers, over two thirds of whom now prefer to buy second-hand over new goods, in part, due to sustainability concerns.
Read moreInsurance as a force for good (With Rowan Douglas)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Rowan Douglas, CEO of Climate Risk and Resilience at Howden. In this episode they discuss the role insurance has to play in building resilience in the face of climate change.
Read moreThe Work Couch: Whistleblowing (Part 3): 5 key challenges for employers in 2024
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreV@ update – April 2024
Welcome to the April 2024 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world relevant to your business.
Read moreJCT 2024 has landed! This is the ideal time to update your contracts
The JCT 2024 suite of contracts has arrived, with the Design and Build Contract being the first to be released.
Read moreDerivative actions – The Court of Appeal considers when permission will be granted to shareholders of non-UK claims to pursue a derivative claim
In Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299, the Court of Appeal recently dismissed the appeal of a shareholder of a Cypriot-based company for permission to continue a derivative action against various defendants.
Read moreTax Tribunal upholds taxpayer's appeal in respect of remote gaming duty
In allowing the taxpayer's appeal, the First-tier Tribunal determined that cashback payments constituted prizes won for the purposes of section 157 of the Finance Act 2014 and Remote Gaming Duty.
Read moreThe beginning of the end for UK resident "non-doms"?
George Smith specialises in defending claims against financial professionals, including accountants, independent financial advisors, brokers and pensions professionals. Ben Simmonds is an Associate in the Professional & Financial Risks team at RPC, specialising in defending claims and complaints for professionals within the finance sector.
Read moreTim Shepherd and Alys Jones appointed Partners in the RPC Professional & Financial Risk practice
International law firm RPC announced today that Tim Shepherd joins the London Professional & Financial Risks practice as Partner, with Alys Jones joining the partnership on 3 June 2024.
Read moreMoney Covered: The Week that Was - 19 April
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreThe Week That Was – 19 April 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreRPC advises LEVELUP Climate Tech on its acquisition of Zevero Ltd.
International law firm RPC has advised Japanese-owned and Singapore registered LEVELUP Climate Tech Pte. Ltd. (LEVELUP) on its acquisition of UK-based Zevero Ltd. (Zevero).
Read moreData dispatch - April 2024
Welcome to the fourth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.
Read morePrivity of contract – non-signatory and not defined “Party” has rights as a “party” to the agreement
Canon Medical Systems Limited v The Imaging Centre Assets Limited & Ors [2023] EWHC 3007 (Comm)
Read moreExpress and implied contractual duties of good faith – construing the clause in its context and approach to the implication of terms
Aston Martin MENA Ltd v Aston Martin Lagonda Ltd [2023] EWHC 3285 (Comm)
Read moreConstruing exclusion and limitation of liability clauses – fraudulent performance of a contract
Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corp [2024] EWHC 35 (TCC)
Read moreDepartment for Science, Innovation and Technology consults on proposed data infrastructure statutory framework
What statutory obligations could the Department for Science, Innovation and Technology’s (DSIT) proposed statutory framework impose on UK data centre providers?
Read moreICO publishes updates to its guidance on Transfer Risk Assessments
How will recent updates to the Information Commissioner’s Office’s (ICO) guidance on Transfer Risk Assessments (TRAs) affect how UK organisations conduct their TRAs?
Read moreNew ICO guidance on content moderation and data compliance
How can organisations using content moderation technologies and processes best comply with data protection laws?
Read moreICO launches consultation series on generative AI and data protection
What is the Information Commissioner’s Office’s (ICO) intended approach to developing guidance on how data protection law should be applied to the development and use of generative AI?
Read moreCJEU rules on what constitutes “automated decision-making” under the GDPR
Does the production of a credit score constitute “automated decision-making” for the purposes of Article 22 of the EU General Data Protection Regulation (GDPR)? What wider impact will this have for AI technologies?
Read moreEDPB adopts opinion on “main establishment” of a controller in the EU
What is meant by “main establishment” under article 4(16)(a) of the GDPR for the purposes of determining the application of the one-stop-shop mechanism?
Read moreICO warns UK’s most visited websites to improve cookie choices
What steps is the ICO taking to ensure that website cookie banners are compliant with law?
Read moreNew Development: EU Data Act published in Official Journal
The EU Data Act (the Act) came into force on 11 January 2024. The Act sets out rules regarding the fair access to and use of data, aiming to enhance the data economy for individuals and businesses by overcoming barriers to data sharing and establishing frameworks around data access and use.
Read moreICO fines HelloFresh £140,000 after 7-month spam marketing campaign
Where did HelloFresh go wrong with their email and text marketing campaign and what lessons can be learned from the ICO’s investigation and subsequent fine?
Read moreNew Development: National Cyber Security Centre warns AI is likely to heighten global ransomware threat
The National Cyber Security Centre (NCSC), part of GCQH, has published a report on the “near-term impact of AI on the cyber threat” over the next two years, which concludes that: (i) AI is already being used in cyber activity in a malicious way; and (ii) the volume of cyber attacks and the global ransomware threat are likely to be heightened over the next two years.
Read moreCollective actions under consumer law: proposed amendments to the Digital Markets, Competition and Consumers Bill
Are class actions under consumer protection law likely following the UK’s new DMCC Bill, and if so, what will the impact on businesses be?
Read moreThe DMCC Bill: New laws set to ban fake reviews and drip pricing from online shopping
What new laws is the UK Government planning to introduce to tackle fake reviews and unfair fees when it comes to online shopping?
Read moreOnline Fraud Charter agreed by largest tech companies
What are the obligations for tech companies that have signed up to the UK’s Online Fraud Charter (the Charter)?
Read moreASA rules against airlines for misleading green claims in paid-for ads
Will it ever be possible for airlines to advertise themselves as being environmentally friendly?
Read moreCAP and BCAP consultation on restrictions on ads for “less healthy” foods
How is the ASA going to police new rules on advertising “less healthy” food and drinks (Less Healthy Products)?
Read morePLC QTRLY - Q1 2024
This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.
Read moreSupreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank
In Byers v Saudi National Bank, the Supreme Court affirmed the findings of the lower courts by holding that a claim for knowing receipt cannot be made if a claimant’s equitable interest in the property in question has been extinguished by the time of the defendant’s knowing receipt of the property.
Read moreUK Government publishes response to AI White Paper consultation
What approach has the UK Government’s adopted in its response to the consultation on the AI regulation White Paper (the White Paper)?
Read moreWhat the AI is going on… December 2023 to March 2024
Google launched its newest GenAI, Gemini Nano. Designed specifically for mobile phones it presents new competition to market leaders OpenAI. Gemini Nano will allow AI apps that operate offline as opposed to only on servers and provide improved privacy for users.
Read moreCourt of Appeal holds Samsung liable for trade mark infringement by third-party apps
Can online platforms be liable for trademark infringement by third-party apps?
Read moreUK Supreme Court rejects AI as “inventor” under the Patents Act
What is the scope and meaning of “inventor” in the UK’s patent framework, and will it accept an AI machine as being the sole inventor?
Read moreApplying limitation of liability clause to primary obligation to pay for goods
Costcutter Supermarkets Group Limited v Vaish [2024] EWHC 152 (KB)
Read moreSnapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreThe new EU Digital Operational Resilience Act (DORA)
What can financial services entities and ICT providers expect from DORA and what do they need to do prepare for it?
Read moreFOS Plans and Budget for 2024/25
We take a look at The Financial Ombudsman Service's strategic plans and budget for the upcoming year ahead.
Read moreSource@RPC – April 2024
The aim of Source@RPC is to provide lawyers, procurement professionals and CIOs/CTOs (amongst others) with a regular update on the legal implications and risks (and how best to manage them) of sourcing and utilising technology and outsourced technology-enabled services, as they affect businesses operating in the insurance and financial services sector.
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