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Thinking - Blog

Hold your horses: Raceday data dispute likely to head to Supreme Court

Published on 06 Jan 2021. By David Cran, Partner, Head of Disputes and Georgia Davis, Of Counsel

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.

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Thinking - Blog

Brexit – a guide to protecting your rights from 1 January 2021

Published on 15 Dec 2020.

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.

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Thinking - Blog

Neat infringement claim leaves whiskey competitor’s trade mark on the rocks

Published on 02 Nov 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead

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.

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Thinking - Snapshot

Copyright: Online platform operators’ liability for users illegally uploading copyright material

Published on 02 Nov 2020. By David Cran, Partner, Head of Disputes

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

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Thinking - Blog

Too many cooks… 'Fit Kitchen' trade mark infringed

Published on 11 Aug 2020. By Ben Mark, Partner and Sarah Mountain, Partner

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.

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Thinking - Blog

British Gymnastics lands well in trade mark infringement proceedings

Published on 29 Jul 2020. By Joshua Charalambous, Partner

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).

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Thinking - Blog

Sega’s early win against Man Utd in Football Manager trade mark case

Published on 27 Jul 2020. By Jeremy Drew, Partner and Samuel Coppard, Senior Associate

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.

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Thinking - Blog

'Nosecco' is a no-no, says the High Court

Published on 01 Jul 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Sarah Mountain, Partner

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.

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Thinking - Blog

Luxury and online marketplaces - the next chapter (Coty v Amazon)

Published on 01 Jun 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Sarah Mountain, Partner

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.

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Thinking - Blog

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 Apr 2020. By Ben Mark, Partner and Sarah Mountain, Partner

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.

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Thinking - Blog

COVID-19 prompts changes to working arrangements for the Court of Justice of the European Union

Published on 09 Apr 2020. By Louise Morgan, Senior Associate

Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.

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Thinking - Blog

EUIPO issues clarification on COVID-19 extension of time for trade mark and design proceedings

Published on 01 Apr 2020. By Ben Mark, Partner

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.

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Thinking - Blog

So Long Blues

Published on 28 Feb 2020. By Ben Mark, Partner

Following our previous IP hub update, Glaxo has suffered fresh survey woes.

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Thinking - Blog

15% increase in counterfeit goods seized in 2015

Published on 11 Oct 2016. By David Cran, Partner, Head of Disputes and Ben Mark, Partner

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.

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Thinking - Publication

Money Covered: The Week That Was – 25 July 2025

Published on 25 Jul 2025. By Rachael Healey, Partner and David Allinson, Partner and George Smith, Partner and Kirstie Pike, Partner and Kate Hill, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was - 18 July 2025

Published on 18 Jul 2025. By Rachael Healey, Partner and David Allinson, Partner and George Smith, Partner and Kirstie Pike, Partner and Kate Hill, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was - 11 July 2025

Published on 11 Jul 2025. By Rachael Healey, Partner and David Allinson, Partner and George Smith, Partner and Kirstie Pike, Partner and Kate Hill, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was - 4 July 2025

Published on 04 Jul 2025. By Rachael Healey, Partner and David Allinson, Partner and George Smith, Partner and Kirstie Pike, Partner and Kate Hill, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Blog

FRC overhauls Investor Stewardship Code for 2026

Published on 06 Jun 2025. By Daniel Parkin, Associate and Zoe Melegari, Senior Associate

On 3 June 2025, the Financial Reporting Council (FRC) published the UK Stewardship Code 2026 that will take effect from 1 January 2026.

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Thinking - Blog

FOS to consult on interest - Is 8% too high?

Published on 06 Jun 2025. By Hattie Hill, Associate

On 4 June 2025 the Financial Ombudsman Service (FOS) opened a consultation into the standard interest applied to its awards which has historically been applied at 8%.

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Thinking - Blog

FOS' jurisdiction - a judicial review with wider consequences?

Published on 30 May 2025. By Rachael Healey, Partner

FOS rejected a complaint on jurisdiction grounds finding that it had been brought out of time. The complainants challenged FOS' decision to reject the complaint on time bar grounds, arguing that the respondent bank had waived its right to rely on time bar as it had failed to raise time bar in its Final Response Letter. The High Court found that the failure of the respondent bank to raise time bar in its Final Response Letter did not mean you could infer that the bank had waived any right to raise time bar, but it did mean the Final Response Letter was not DISP compliant.

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Thinking - Publication

Money Covered: The Week That Was – 30 May 2025

Published on 30 May 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was – 23 May 2025

Published on 23 May 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was – 16 May 2025

Published on 16 May 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was – 9 May 2025

Published on 09 May 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was – 25 April 2025

Published on 25 Apr 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was – 17 April 2025

Published on 22 Apr 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Blog

Supreme Court upholds that fiduciaries must act with "single-minded loyalty toward their principals (or beneficiaries)"

Published on 22 Apr 2025. By Daniel Parkin, Associate and Zoe Melegari, Senior Associate

In Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10, the Supreme Court unanimously affirmed the legal test for the account of profits rule (the Profit Rule).

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Thinking - Publication

Money Covered: The Week That Was – 11 April 2025

Published on 11 Apr 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was – 4 April 2025

Published on 04 Apr 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was – 28 March 2025

Published on 28 Mar 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Blog

FCA launches a market study into the pure protection market

Published on 28 Mar 2025. By Matthew Griffith, Partner and Jonathan Charwat, Partner and Rachael Healey, Partner

Having committed to reviewing the pure protection market in August 2024, the FCA has now launched its market study alongside updated terms of reference. The focus is on fair value and commissions which is notable given that by the time the FCA publishes its findings we are likely to have both the Supreme Court decision in the MotoNovo Finance case and the Court of Appeal's decision in a judicial review of a FOS decision in the motor vehicle finance sector and the operation of discretionary commission arrangements. The market study will also be the FCA's first deep dive into the distribution aspects of the Consumer Duty in relation to in-scope products.

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Thinking - Blog

FRC to back growth in a new three-year plan – impacting auditors, actuaries, and D&Os

Published on 24 Mar 2025. By Rachael Healey, Partner

FRC to Back Growth in a New Three-Year Plan – impacting auditors, actuaries, and D&Os The FRC has published its Strategy for 2025-2028 and its Annual Business Plan and Budget for 2025-2026, following a period of consultation and engagement with stakeholders. There are some key messages alongside the Strategy, Plan and Budget, with the FRC emphasising an intention to support UK economic growth and investment whilst serving the public interest through "smart, targeted and proportionate" regulation. The three-year strategy and annual budget allow the FRC to set out interim objectives whilst they prepare for the Government's draft legislation to modernise its statutory powers and ensure that they are fit for purpose.

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Thinking - Publication

Money Covered: The Week That Was - 28 February 2025

Published on 28 Feb 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Blog

Directors beware: Key legal shifts in 2024 and what’s ahead for 2025

Published on 19 Feb 2025. By James Wickes, Partner

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.

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Thinking - Publication

Money Covered: The Week That Was – 14 February 2025

Published on 14 Feb 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Publication

Money Covered: The Week That Was - 31 January 2025

Published on 31 Jan 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Blog

Navigating PRA's data request for crypto-asset exposure

Published on 29 Jan 2025. By James Wickes, Partner

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.

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Thinking - Blog

Regulators support government growth objective and aim to reduce regulatory burden

Published on 27 Jan 2025. By Lucy Hadrill, Associate and Whitney Simpson, Of Counsel and Jonathan Charwat, Partner

Since the general election, the new Labour government has been signalling its intentions for financial services as a key driver of its economic growth agenda and, following the Autumn Budget, HM Treasury launched a call for evidence which outlined the government's plans for its Financial Services Growth & Competitiveness Strategy (Strategy).

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Thinking - Blog

FCA consults on new reporting obligations for (i) incidents and (ii) third party arrangements

Published on 16 Jan 2025. By Mark Crichard, Partner and Nigel Wilson, Of Counsel and Praveeta Thayalan, Senior Knowledge Lawyer

On 13 December 2024, the FCA published consultation paper CP24/28 (the CP) on proposals for firms to report on operational incidents and, separately, on material third party arrangements. The CP mirrors similar proposals put forward by the PRA and Bank of England on the same day and is designed to align with current international standards (e.g. the EU Regulation on digital operational resilience (DORA)).

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Thinking - Publication

Money Covered: The Week That Was – 10 January 2025

Published on 10 Jan 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Blog

FOS complaints on the rise – is enough being done?

Published on 07 Jan 2025. By David Allinson, Partner and Damien O'Malley, Associate

The Financial Ombudsman Service (FOS) has recently published its yearly complaint data, revealing that complaints regarding fraud, scams, current accounts and credit cards between July and September 2024 hit record levels, rising more than 50% compared to the same period in 2023. The data provides a breakdown of the areas where complaints appear to have increased the most.

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Thinking - Blog

The Consumer Duty – a theme running through 2024 and one to continue for 2025

Published on 31 Dec 2024. By Rachael Healey, Partner

The Consumer Duty has made a lot of headlines this year and as we enter 2025 its unlikely to change anytime soon. The FCA continues to publish its findings as part of its review of firms' compliance with the Consumer Duty and its most recent publication addresses the FCA's findings when reviewing firms' approaches to complaints and root cause analysis. This publication again highlights good practices for firms and areas for improvement.

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Thinking - Blog

Santa Claus and Section 32 of the Limitation Act – a lot in common?

Published on 24 Dec 2024. By Rachael Healey, Partner

Section 32 of the Limitation Act 1980 has seen some focus in recent years and next year we could see an even sharper focus given its potential importance in the area of undisclosed commission cases dependent on the outcome of the appeal to the Supreme Court. A recent case rejecting a claimant's amendments to their pleadings on grounds they were out of time and s.32 did not save them provides a useful reminder of some of the guiding principles – but to start with what can we learn from Santa Claus when it comes to s.32.

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Thinking - Blog

Privacy developments – looking back and looking forward

Published on 19 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Jon Bartley, Partner and Joe Lippitt, Partner and Praveeta Thayalan, Senior Knowledge Lawyer

In this article, we give you a high-level snapshot of the key data protection and privacy developments in the UK and EU in 2024 as well as developments we anticipate for 2025.

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Thinking - Podcast

Money Covered: The Year That Was 2024 - Top 10 risks facing the financial sector

Published on 18 Dec 2024.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

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Thinking - Blog

Court of Appeal Confirms Occupational Pensions Are Shielded from Creditor Claims

Published on 12 Dec 2024. By Kristin Smith, Trainee Solicitor and Rachael Healey, Partner and Matthew Watson, Partner

The Court of Appeal has recently held that occupational pensions are protected from injunctions requiring them to be made available to creditors for enforcement purposes in the judgment of Manolete v White [2024] EWCA Civ 1418.

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Thinking - Publication

Money Covered: The Week That Was – 22 November 2024

Published on 22 Nov 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Thinking - Blog

Digital operational resilience: the UK regulatory landscape

Published on 15 Nov 2024. By Richard Breavington, Partner

Operational Resilience in the supply chain has become an undeniable priority for all financial service providers across the continent.

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Thinking - Blog

SIPP providers – What's next?

Published on 13 Nov 2024. By Thomas Spratley, Associate and Rachael Healey, Partner

Last week the FCA issued a Dear CEO letter to SIPP operators. The letter is one of many the FCA has sent as follow-ups on the consumer duty (including the most recent letters to lifetime mortgage providers) and is a must read for those in the SIPP sector. The letter highlights the FCA's focus areas of ensuring redress is paid (where the FCA does not consider sufficient progress has been made), "outlier firms" when it comes to holdings in non-standard assets, and implementation of the consumer duty, particularly around distribution strategies/identifying target markets.

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