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'Brake-ing' news: public interest defence is available in breach of confidence and privacy claims, even where the information concerned has been unlawfully obtained
This recent High Court case concerns the accessing and sharing of emails, said to be private and confidential emails (the Emails), by the Defendants.
Read moreStay on top of Intellectual Property
Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.
Read moreCourt of Appeal upholds copyright infringement decision against digital radio aggregator
The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.
Read moreNeed for reasonable enquiries upon receipt of potentially confidential information
The Court of Appeal recently held that a recipient of information will be bound by a duty of confidentiality if it was reasonable for them to have made enquiries as to the confidential nature of the information and they failed to do so (Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38).
Read moreOh (no) Polly – clothing brand infringed the design rights of a direct competitor the High Court finds
The High Court has held that G4K Fashion Limited, trading as 'Oh Polly', has infringed UK unregistered design rights (UKUDR) and community unregistered design rights (CUDR) owned by Original Beauty Technology Company Limited (Original Beauty) by copying several of its 'bodycon' and 'bandage' garments. Original Beauty was, however, unable to establish passing off.
Read moreHold your horses: Raceday data dispute likely to head to Supreme Court
In a dispute, between suppliers of live betting and raceday data from racecourses, the Court of Appeal was asked to consider whether a duty of confidence could be applied to live sports data between its creation and broadcast when that information was available in real time. We look at the Court's decision, and the reasons for it, in more detail below.
Read moreBrexit – a guide to protecting your rights from 1 January 2021
Like many other areas of law, intellectual property (IP) will undergo a raft of changes overnight, when the Brexit transition period expires on December 31 2020.
Read moreNeat infringement claim leaves whiskey competitor’s trade mark on the rocks
The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.
Read moreCopyright: Online platform operators’ liability for users illegally uploading copyright material
C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion
Read moreToo many cooks… 'Fit Kitchen' trade mark infringed
On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.
Read moreBritish Gymnastics lands well in trade mark infringement proceedings
The national governing body (NGB) for Gymnastics in Britain has succeeded in trade mark infringement and passing off proceedings against an organisation using the sign “UK Gymnastics”, in a Judgment which is likely to assist several Sport England and UK Sport-funded NGBs. In particular, it shows how to deal with organisations using signs which suggest they are an NGB (when they are not).
Read moreSega’s early win against Man Utd in Football Manager trade mark case
As first published by leading sports law resource LawInSport, Jeremy Drew and Samuel Coppard discuss Man United’s trade mark infringement proceedings against Sega and Sports Interactive in relation to Football Manager.
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 more'Nosecco' is a no-no, says the High Court
In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.
Read moreLuxury and online marketplaces - the next chapter (Coty v Amazon)
On 2 April 2020, the CJEU ruled that storing infringing goods on behalf of a third-party seller, without knowing that those goods infringe trade mark rights does not constitute infringement, provided that the storing party does not pursue the aim of offering the goods for sale or putting them on the market.
Read moreLandmark case sees trade mark specifications cut down on grounds of bad faith.
Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.
Read moreCOVID-19 prompts changes to working arrangements for the Court of Justice of the European Union
Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.
Read moreEUIPO issues clarification on COVID-19 extension of time for trade mark and design proceedings
The EUIPO has issued a clarification in respect of Decision No EX-20-3 noting that the extension of deadlines in trade mark and design EUIPO proceedings to 1 May 2020 applies automatically.
Read moreSo Long Blues
Following our previous IP hub update, Glaxo has suffered fresh survey woes.
Read more15% increase in counterfeit goods seized in 2015
According to the "Report on EU Customs Enforcement of Intellectual Property Rights: Results at the EU Border 2015", the number of goods that were detained at the EU's external borders for suspected infringement of an IP right grew by an estimated 15% in 2015 compared with 2014.
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 moreNavigating 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 moreA 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.
Read moreProduct bulletin: February 2025
This product law bulletin highlights the EU Accessibility Act, allergen labelling updates, changes to the EU product safety framework, progress on the Product Regulation and Metrology Bill, makeup ingredient awareness, and the UK government's new e-bike and e-scooter safety campaign with updated battery guidelines.
Read moreThe Challenge of the Multi-Generational Workplace (With Dr Eliza Filby)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Dr Eliza Filby, and in this episode the discuss the multi generational workplace and the challenges that come with it.
Read moreMoney Covered: The Week That Was - 28 February 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreSingapore chapter: "Trends & Developments" in Chambers Insurance & Reinsurance Global Practice Guide 2025
Economic uncertainty continued to cast a shadow over global markets as 2024 came to a close. Contributing factors include persistent geopolitical tensions, fluctuating inflation and interest rates, and shifts in global trade dynamics. While the insurance industry has not been immune to these challenges, it has demonstrated remarkable stability amidst the evolving risk climate.
Read moreDirectors beware: Key legal shifts in 2024 and what’s ahead for 2025
The legal landscape for directors and officers (D&O) underwent significant developments in 2024, with court rulings and regulatory changes raising the stakes for company leaders and their insurers.
Read moreThe underwriting of new AI risks (With Chris Moore)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Chris Moore, head of Apollo ibott 1971, and in this episode they discuss the underwriting of new AI risks.
Read moreMoney Covered: The Week That Was – 14 February 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreHay Day at the Court of Appeal
On 30 January 2025, the Court of Appeal gave its judgment in Norman Hay Plc v Marsh Limited. Marsh had appealed against Mr Justice Picken's decision, in which he refused their application for summary judgment and/or to strike out the claim. The appeal was dismissed, the court concluding the issues should be addressed at trial.
Read moreThe top three employment issues for insurers in 2025 (With Kelly Thomson)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Kelly Thomson, Partner is RPC's employment team and they discuss the top three employment issues for insurers in 2025
Read moreImportant changes to note in accountant ethics code update
In this article we consider the anticipated updates to the accountant's Code of Ethics and explore the ripple effects on insurance policies.
Read moreML Covered - February 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 - 31 January 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreNavigating PRA's data request for crypto-asset exposure
On Dec. 12, the Prudential Regulation Authority issued a data request to identify firms' current and expected future crypto-asset exposures. In this blog, we discuss the request, and what implications may arise for financial institutions and their insurers.
Read moreA look at the Piper Alpha disaster (With John Lane)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by John Lane, and they discuss the Piper Alpha disaster of 1988.
Read moreRPC Premier Law recognised across six areas in The Legal 500 Asia-Pacific 2025
RPC, a law firm deeply invested in client ambitions and commercial success, is proud to be recognised once again in The Legal 500 Asia-Pacific 2025 guide for Singapore, securing a host of new and improved rankings for 2025.
Read moreAnnual Insurance Review 2025
With the Christmas and New Year festivities already becoming a blur in the rear-view mirror, what better way to blow away the few remaining cobwebs and see-off the January blues than to immerse yourself in RPC's Annual Insurance Review 2025.
Read moreRising to the challenge, how insurers will adapt in 2025
The global insurance industry is on the brink of transformation as geopolitical tensions, accelerating AI adoption, and escalating climate crises converge to create a perfect storm in 2025. From navigating a volatile economic landscape to addressing emerging risks in cyber and ESG, insurers face a year of unparalleled complexity and opportunity.
Read moreA guide to buying and selling English residential property
We are seeing increased positivity in the English residential property market. In 2024, inflation reached the Bank of England’s 2% target, down from 11.1% in 2022, which was a significant factor in the return of consumer confidence and economic growth. Mortgage rates are falling slightly with approval rates at their highest level since 2022 as buyers continue to respond to increased certainty post-election. Property values are again on the rise while demand continues to outstrip supply.
Read moreD&O
2024 highlighted the importance of a directors' duty to consider or act in the interests of creditors where a company is insolvent or bordering on insolvency. The claim brought by the liquidators of BHS Group against certain of its former directors following the group's collapse into insolvency in 2016 saw the first time where a court held company directors guilty of "misfeasant trading". The directors were held to have not considered the creditors' interests before entering into an onerous and expensive secured loan which would exhaust the group's assets if it could not be repaid. The directors were therefore found to have acted against their statutory duties by entering into the loan instead of the group going into administration.
Read morePensions
A key development in 2024 has been the Court of Appeal's ruling in Virgin Media v NTL Pensions Trustees II Ltd [2024] EWCA Civ 843, which has significant implications for contracted out final salary pension schemes. The court confirmed that any amendments affecting guaranteed minimum in these schemes must be accompanied by a so-called Section 37 actuarial conformation. Without this confirmation, the amendment is deemed void, regardless of whether such confirmation would have been granted had it been sought at the time of the amendment.
Read moreConstruction
This year the new Leasehold and Freehold Reform Act 2024 (the LFRA) enacted various amendments to the Building Safety Act 2022 (BSA), which came into force on 24 July 2024 and 31 October 2024.
Read moreCyber and data
Last year's edition of the Annual Insurance Review included predictions that 2024 would see a trend towards an increased general level of cyber security given (i) the importance placed on security measures by regulatory bodies such as the ICO and (ii) the focus cyber underwriters had placed on assessing prospective insureds' security before offering cover.
Read moreFinancial professionals
In March 2024 the FCA published the findings from its Thematic Review of retirement income advice, looking at the landscape c. 9 years post-pension freedoms against the backdrop of an ageing population. No fundamental problems were identified but the FCA set out some areas for improvement, from more consistent fact finding to considering the value being provided in respect of any ongoing services.
Read moreInternational arbitration
The Arbitration Bill received its first and second readings in parliament in July 2024. Having first come before parliament in September 2023 under the UK's then Conservative government, it will once again proceed through the House of Lords and House of Commons, before receiving Royal Assent and becoming law.
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