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Thinking - Publication

Lawyers Covered - October 2023

Published on 31 Oct 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Simon Love, Senior Associate and Jo Makin, Senior Associate and Charlotte Thompson, Associate

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.

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Press and Media

Single-use plastic ban is 'only the beginning in the war against plastic'

Published on 02 Oct 2023. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Harpreet Kaur, Associate

Retailers and brands warned today's 'conscious consumer' will expect them to get behind ban's sentiment or risk harming brand loyalty

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Thinking - Publication

Lawyers Covered - September 2023

Published on 28 Sep 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Cheryl Laird, Senior Associate and Ruth Lancaster, Senior Associate

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.

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Thinking - Publication

Lawyers Covered - July 2023

Published on 26 Jul 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Daniel Austin, Assistant General Counsel and Cheryl Laird, Senior Associate

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.

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Thinking - Publication

Lawyers Covered - June 2023

Published on 28 Jun 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate and Sally Lord, Knowledge Counsel – Insurance and Litigation

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.

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Thinking - Publication

A shifting landscape? The outlook for data regulation in 2023

Published on 09 Jun 2023. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.

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Thinking - Publication

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Senior Knowledge Lawyer and Connor Cahalane, Partner - Corporate

The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.

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Thinking - Publication

Lawyers Covered - May 2023

Published on 30 May 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate and Sally Lord, Knowledge Counsel – Insurance and Litigation

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.

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Thinking - Publication

CSRD: shakeup of the EU's sustainability reporting rules

Published on 25 May 2023. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Sarah Mountain, Partner and Connor Cahalane, Partner - Corporate

The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.

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Thinking - Publication

Deposit Return Scheme: Key considerations for drinks  producers and retailers in the UK

Published on 16 May 2023. By Jeremy Drew, Partner

Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.

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Thinking - Publication

Going Green – staying on the right side of competition law

Published on 15 May 2023. By Melanie Musgrave, Of Counsel

Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.

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Thinking - Publication

New REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?

Published on 09 May 2023. By Paul Joukador, Partner and Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality

When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.

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Thinking - Publication

Lawyers Covered - April 2023

Published on 02 May 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate and Sally Lord, Knowledge Counsel – Insurance and Litigation

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.

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Thinking - Blog

New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

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Thinking - Publication

Lawyers Covered - March 2023

Published on 27 Mar 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate and Sally Lord, Knowledge Counsel – Insurance and Litigation

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.

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Thinking - Publication

Lawyers Covered - February 2023

Published on 01 Mar 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Peter Mansfield, Partner

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.

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Thinking - Publication

Lawyers Covered - January 2023

Published on 31 Jan 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Peter Mansfield, Partner

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.

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Thinking - Publication

Lawyers Covered - December 2022

Published on 21 Dec 2022. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Peter Mansfield, Partner

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.

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Thinking - Publication

Lawyers Covered - November 2022

Published on 29 Nov 2022. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tina Campbell, Senior Associate and Scott Robins, Senior Associate

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.

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Thinking - Publication

Casting your net zero ambitions: eight key steps for retailers

Published on 24 Nov 2022. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

With climate change at the forefront of the ESG agenda, the employment relationship, and the opportunities to engage with the workforce on this subject, are crucial ingredients in the quest to becoming a truly green retailer.

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Thinking - Publication

Lawyers Covered - October 2022

Published on 31 Oct 2022. By Carmel Green, Partner and Daniel Charity, Associate

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.

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Thinking - Blog

Hong Kong – Claim pleading duty of care against auditor struck out for "putting the cart before the horse"

Published on 28 Oct 2022. By Antony Sassi, Managing Partner and David Smyth, Senior Consultant and Anson Lo, Associate

In Chan Kam Cheung v Ronnie K W Choi & Anor [2022] HKCFI 3028, a judge upheld a master's (judicial officer's) decision to strike out the plaintiff shareholder's action against the former auditors of the company.

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Thinking - Blog

Solicitors Entitled to Insurance Cover for Liability for Fees: Royal Sun Alliance Insurance Limited & Others v Tughans (a firm)

Published on 27 Oct 2022. By Nick Bird, Partner and Cheryl Laird, Senior Associate

In a recent judgment, Foxton J held that a claim for damages against a firm of solicitors for fees which it was contractually entitled to was covered under the firm's professional indemnity insurance. He held that it did not matter if the fees were obtained through the solicitor's fraudulent misrepresentation provided that the solicitor had done what was required under the contract to earn the fees. The decision will not be welcomed by insurers.

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Thinking - Publication

Extended producer responsibility for packaging: How to prepare

Published on 12 Oct 2022.

In the Spring 2022 edition of Retail Compass, we reported on the Government's consultation on regulations covering extended producer responsibility (EPR) which places the financial burden of dealing with packaging once it becomes waste on producers as opposed to taxpayers.

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Thinking - Publication

Where to next for Buy Now Pay Later?

Published on 12 Oct 2022.

On Monday 20 June 2022, HM Treasury responded to its consultation on proposals to extend regulation to unregulated Buy Now Pay Later (BNPL) products. This consultation closed in January 2022. The Treasury's response confirmed the scope of regulation will cover BNPL products and short-term interest free credit (STIFC) provided by third-party lenders.

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Thinking - Publication

Online Sales Tax: the right way forward?

Published on 12 Oct 2022.

On 25 February 2022, HM Treasury launched a consultation exploring the possible introduction of an online sales tax (OST) to address the imbalance resulting from the higher business rates applying to in store retailers, compared to online businesses. The consultation closed on 20 May 2022.

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Thinking - Publication

Greenwashing: UK regulators set their sights on misleading green claims with an increasing focus on sectors such as fashion retail and F&D

Published on 12 Oct 2022.

UK consumer regulators, the Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA), are ramping up their enforcement of green claims to protect consumers from 'greenwashing'

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Thinking - Publication

Lawyers Covered - September 2022

Published on 30 Sep 2022. By Carmel Green, Partner and Daniel Charity, Associate

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.

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Thinking - Publication

Lawyers' Risks in Acting for Corporate Clients Without Authority

Published on 08 Sep 2022. By Nick Bird, Partner and Georgia Durham, Associate

The recent decision in Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1687 (Ch) has highlighted the dangers for lawyers in acting for corporate clients on the instructions of a director without authority of the company. Most of the authority in this area has focused on commencement of litigation but the principles apply too to transactional matters.

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Thinking - Blog

Shorter time limit for Third Parties (Rights Against Insurers) Act 2010 claims

Published on 08 Sep 2022. By Robert Morris, Partner

A recent judgment has reduced the limitation period for third parties to make direct claims against insurers under the Third Parties (Rights Against Insurers) Act 2010 when compared to claims under the predecessor 1930 Act. The decision will make it easier for insurers to defend such claims on limitation grounds.

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Thinking - Publication

Lawyers Covered - August 2022

Published on 30 Aug 2022. By Carmel Green, Partner and Daniel Charity, Associate

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.

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Thinking - Blog

Risky Business: what to do when former clients ask further questions

Published on 22 Aug 2022. By Anna Murley, Senior Associate

In Spire Property Development LLP & Anor v Withers LLP [2022] EWCA Civ 970, the Court of Appeal considered the scope of a solicitor's duty when a former client posed questions to a solicitor concerning a transaction after the retainer had ended. The judgment will be of interest to solicitors who are asked for advice in circumstances where no retainer exists.

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Thinking - Publication

The Professional Negligence Law Review, Edition 5

Published on 29 Jul 2022. By Nick Bird, Partner

The Professional Negligence Law Review provides an indispensable global overview of the law and practice of professional liability and regulation. It covers the fundamental principles of professional negligence law in each jurisdiction, including obligations, fora, dispute resolution mechanisms, remedies and time bars. The authors then review factors specific to the main professions and conclude with an outline of recent developments and issues to look out for in the year ahead.

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Thinking - Publication

Lawyers Covered - July 2022

Published on 28 Jul 2022. By Carmel Green, Partner and Aimee Talbot, Knowledge Lawyer

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.

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Thinking - Blog

Double warning for legal professionals: do not cut corners with disclosure

Published on 26 Jul 2022.

Further to a recent decision made by the Bar Tribunals and Adjudication Service, the Bar Standards Board has suspended a "top criminal silk" from practice on grounds of professional misconduct in respect of his failure to disclose material evidence during criminal proceedings in 2007. The decision, and the judgment made by the Court of Appeal in those proceedings, reiterates the importance of the ongoing obligation on legal professionals to give disclosure and comply with their duties to the court.

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Thinking - Blog

Is the FCA to blame for BSPS? MPs seem to think so

Published on 22 Jul 2022. By Rachael Healey, Partner

The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.

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Thinking - Blog

Post COVID-19 UK: What Will the Professional Negligence Claims Landscape Look Like?

Published on 28 Jun 2022. By Cheryl Laird, Senior Associate and Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group

The cost of living is at an all-time high, with interest rates increasing and inflation currently sitting at around 9%. The chances of a recession in the UK over the next two years have increased. It will come as no surprise that we expect the number of claims against law firms to rise as the economic downturn takes hold, as was the case in 2008 and recessions before it.

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Thinking - Publication

Lawyers Covered - June 2022

Published on 28 Jun 2022. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tina Campbell, Senior Associate and Aimee Talbot, Knowledge Lawyer and Graham Reid, Partner and Alifya Bharmal, Associate and George Barratt, Senior Associate

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.

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Press and Media

Fashion brands make up a quarter of ‘greenwashing’ complaints to the CMA

Published on 27 Jun 2022. By Ciara Cullen, Partner, Retail & Consumer Sector Lead

Fashion brands account for a quarter of complaints relating to unsubstantiated green claims since new guidelines were introduced last year, according to research from international law firm RPC.

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Thinking - Publication

Lawyers Covered - May 2022

Published on 26 May 2022. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tina Campbell, Senior Associate and Aimee Talbot, Knowledge Lawyer

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.

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Thinking - Publication

Lawyers Covered - April 2022

Published on 28 Apr 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.

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Thinking - Blog

Important Court of Appeal clarity on the operation of s1(4) of the Civil Liability (Contribution) Act 1978

Published on 12 Apr 2022. By Rhian Howell, Partner & Head of Bristol Office

A recent Court of Appeal decision (in which RPC acted for the successful barrister Appellant) provides important clarification on the operation of section 1(4) of the Civil Liability (Contribution) Act 1978 (“the Act”). Although the matter concerned a contribution claim by a solicitor against a barrister brought pursuant to the Act, the decision is of wider relevance/application for litigation practitioners and the Insurance market.

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Press and Media

Imposing new Calorie labelling legislation 'couldn't be worse timing' for hospitality sector

Published on 05 Apr 2022. By Ben Mark, Partner

International law firm RPC warns change could place increased financial burden on businesses only just beginning to recover from pandemic disruption

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Thinking - Publication

Lawyers Covered - March 2022

Published on 31 Mar 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.

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Thinking - Publication

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.

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Press and Media

Whistleblower reports on National Minimum Wage breaches jump 37% within retail sector

Published on 14 Mar 2022. By Jeremy Drew, Partner

The number of whistleblower reports relating to alleged National Minimum Wage breaches in the retail sector saw a 37% jump in the past year according to RPC, the international law firm.

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Thinking - Publication

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.

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Thinking - Publication

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.

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Thinking - Blog

The X-Client Files: who owns a solicitor's file

Published on 23 Feb 2022.

It's a perennial headache for solicitors: what exactly am I supposed to do when a client asks me for 'their file'?

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Thinking - Blog

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?

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