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Thinking - Blog

Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)

Published on 25 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).

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Thinking - Blog

Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)

Published on 14 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.

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Thinking - Publication

Lawyers Covered - July 2023

Published on 26 Jul 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Daniel Austin, Assistant General Counsel and Cheryl Laird, Senior Associate (Scottish Qualified) and Sharon Law, 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 - Blog

A narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)

Published on 25 Jul 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.

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Thinking - Publication

Regulatory Radar 2023

Published on 20 Jul 2023.

Hello and welcome to the 2023 edition of RPC’s bi-annual Regulatory Radar – a guide to the key regulatory changes worth having on your radar. We hope this will be a useful resource, helping you scan the regulatory horizon and highlight changes that could impact your business.

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Thinking - Publication

PLC QTRLY - Q2 2023

Published on 14 Jul 2023. By Connor Cahalane, Partner, Head of Public Companies and Karen Hendy, Partner, Head of Corporate and Rosamund Akayan, Knowledge Lawyer

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.

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Thinking - Publication

Regulatory update - July 2023

Published on 14 Jul 2023. By Gavin Reese, Partner, Head of Regulatory

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

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Thinking - Blog

Enhanced Regulatory Supervision of Asset Managers in Europe – Greenwashing Risks

Published on 12 Jul 2023. By James Wickes, Partner and Nick Cumming, Associate

A common methodology has been developed by ESMA to allow national European regulators to share knowledge and experiences to facilitate convergence in how they supervise sustainability related disclosures.

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Thinking - Blog

What does the FRC's proposed corporate governance overhaul mean for D&O exposures?

Published on 04 Jul 2023. By James Wickes, Partner and Aimee Talbot, Knowledge Lawyer

The Financial Reporting Council (FRC) has now published the draft new UK Corporate Governance Code following the Government's requirements that it incorporate more robust internal control and prudent and effective risk management requirements. The deadline for responses to the FRC's consultation is 13 September 2023.

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Thinking - Publication

Lawyers Covered - June 2023

Published on 28 Jun 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate (Scottish Qualified) and Sally Lord, Knowledge Lawyer Manager

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

New test will 'significantly strengthen SFO's arsenal' against corporate economic crime

Published on 20 Jun 2023. By Sam Tate, Partner

Amendment to Economic Crime and Corporate Transparency Bill expands scope to include senior managers, not just directors

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Thinking - Blog

Compliance Handbook Update: Bribery and corruption

Published on 20 Jun 2023. By Sam Tate, Partner and Alexandra Prato, Associate

The handbook emphasises providing compliance practitioners with insight into the practical application of FCA and PRA rules. Each chapter is discussed in the statutory and regulatory context with practical analysis of the subject, together with tips and guidance that firms may find helpful.

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Press and Media

Anti-Slapps amendments are 'potentially very significant' for protecting defendants from 'ruinous' claims

Published on 13 Jun 2023. By Rupert Cowper-Coles , Partner

'Journalists and whistleblowers should not face the prospect of bankruptcy and losing their home for doing their job'

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Thinking - Publication

Financial Crime Time - Your update from RPC: 2023 Q2

Published on 13 Jun 2023. 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 are of interest and which may affect your business.

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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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Press and Media

RPC's Snapshots app brings together the latest legal developments…at the touch of a button

Published on 06 Jun 2023. By Joseph Akwaboa, Associate and Oliver Bray, Senior Partner

Students and commercial lawyers alike can access a rich database of updates from the commercial, data, digital, consumer and advertising legal landscape

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Thinking - Blog

The CAT's new approach: I can't afford a carriage (dispute)

Published on 02 Jun 2023. By Chris Ross, Partner

Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.

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Thinking - Publication

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner, Head of Public Companies

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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Press and Media

RPC launches free go-to platform and online community for accountants and tax advisers

Published on 31 May 2023. By Adam Craggs, Partner and Michelle Sloane, Partner

Tax Take + features guidance notes on tax-related topics, news, podcasts, webinars, vlogs and interactive chat for industry experts

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Thinking - Publication

Lawyers Covered - May 2023

Published on 30 May 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate (Scottish Qualified) and Sally Lord, Knowledge Lawyer Manager

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, Head of Public Companies

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, Head of Commercial

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

Regulatory update - May 2023

Published on 15 May 2023. By Gavin Reese, Partner, Head of Regulatory

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

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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, Partner

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

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Thinking - Blog

The Digital Markets, Competition and Consumers Bill – What's New on the Competition Side?

Published on 05 May 2023. By Melanie Musgrave, Of Counsel

In addition to the headline landscape reforms to digital markets and consumer protection, the much-anticipated Digital Markets, Competition and Consumers Bill (the Bill), introduced into Parliament on 25 April 2023, makes wide-ranging enhancements to the competition powers of the Competition and Markets Authority (the CMA) and changes to the UK merger regime.

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Thinking - Publication

Lawyers Covered - April 2023

Published on 02 May 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate (Scottish Qualified) and Sally Lord, Knowledge Lawyer Manager

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 and 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 - Blog

Game Changing Corporate Offence of Failure to Prevent Fraud: RPC Analysis and Practical Guidance

Published on 25 Apr 2023. By Sam Tate, Partner and Thomas Jenkins, Senior Associate

On 11 April, the highly anticipated failure to prevent fraud offence was introduced in an amendment to the Economic Crime and Corporate Transparency Bill (the Economic Crime Bill or the Bill). Although there has been much discussion of this potential offence since the start of this year, this amendment is significant as it is the first time that structure and detail of the offence has been formally included in the Bill.

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Thinking - Publication

PLC QTRLY - Q1 2023

Published on 19 Apr 2023. By Connor Cahalane, Partner, Head of Public Companies and Karen Hendy, Partner, Head of Corporate and Rosamund Akayan, Knowledge Lawyer

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.

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Press and Media

RPC launches interactive Dawn Raid app with live 24/7 assistance

Published on 18 Apr 2023. By Adam Craggs, Partner

RPC Raid Response is a one-stop toolkit which enables you to navigate a raid by a regulator in real time

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Thinking - Publication

Financial Crime Time - Your update from RPC: 2023 Q1

Published on 31 Mar 2023. 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 are of interest and which may affect your business.

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Thinking - Publication

Lawyers Covered - March 2023

Published on 27 Mar 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate (Scottish Qualified) and Sally Lord, Knowledge Lawyer Manager

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 Regulatory Initiatives Grid - consumer credit and payments

Published on 23 Mar 2023. By Whitney Simpson, Of Counsel

The latest Regulatory Initiatives Grid was recently published by the FCA and sets out the regulatory pipeline over a 24-month horizon to help firms and other stakeholders manage the operational impact on firms implementing initiatives, and plan forthcoming initiatives.

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Thinking - Blog

Regulatory pipeline 2023 and beyond – the Regulatory Initiatives Grid

Published on 21 Mar 2023. By Jonathan Charwat, Partner

The FCA recently published the fourth edition of its annual overview and plan for ongoing and upcoming regulatory initiatives (143 in total!)

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Thinking - Publication

Regulatory update - March 2023

Published on 06 Mar 2023. By Gavin Reese, Partner, Head of Regulatory

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

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Thinking - Publication

Lawyers Covered - February 2023

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

FCA announces thematic review of retirement income advice

Published on 01 Mar 2023. By Faheem Pervez, Associate and Patrick Barclay, Senior Associate

The pension freedom reforms changed the way consumers access their retirement funds. This FCA thematic review will put firms under the spotlight with a focus on how the retirement income advice market is functioning in response to changing consumer needs in the current economic downturn.

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Thinking - Publication

Financial crime: legislative predictions for the year ahead

Published on 16 Feb 2023. By Adam Craggs, Partner and Michelle Sloane, Partner

Sam Tate, Head of our White Collar Crime Team, and Kate Langley explores potential developments that in-house counsel and practitioners should consider in 2023.

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Press and Media

RPC hires financial crime consultant to bolster growing White Collar Crime team

Published on 10 Feb 2023. By Thomas Jenkins, Senior Associate

RPC has hired financial crime consultant Ben Cooper to bolster the international law firm's White Collar Crime team in London. Ben started on 1 February 2023.

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Thinking - Blog

2023 Update - CAT Collective Proceedings

Published on 10 Feb 2023. By Chris Ross, Partner

A new era of consumer-focussed competition class actions is now well underway. It kicked off with the first collective proceedings order (CPO) granted by the Competition Appeal Tribunal (CAT) in Merricks in the summer of 2021, opening the gates for further collective claims to be certified.

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Thinking - Publication

PLC QTRLY - Q4 2022

Published on 02 Feb 2023. By Connor Cahalane, Partner, Head of Public Companies and Karen Hendy, Partner, Head of Corporate and Rosamund Akayan, Knowledge Lawyer

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 more
Thinking - Publication

Lawyers Covered - January 2023

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

Costs recovered in the Small Claims Track from an unreasonable Litigant in Person

Published on 24 Jan 2023. By Rhian Howell, Partner & Head of Office, Bristol and Daniel Charity, Associate

Most (if not all) litigators will be familiar with the challenge of being on the other side of a claim brought by a litigant in person ("LiP"). The courts expect practitioners to be sensitive to their opponent's lack of legal expertise and familiarity with court rules, but judges have also been clear that they expect all parties – including LiPs – to follow the rules regardless of their legal representation.

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Press and Media

Number of fines issued by the FCA more than doubled in 2022

Published on 04 Jan 2023.

The FCA issued 26 fines in 2022, compared to just 10 in 2021 The FCA is sending a clear message: misconduct will not be tolerated

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Thinking - Publication

Lawyers Covered - December 2022

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

SRA issues Warning Notice on solicitors' involvement in SLAPPs

Published on 20 Dec 2022. By Graham Reid, Partner and Charlotte Thompson, Associate

SLAPPs (aka 'Strategic Lawsuits Against Public Participation') is a term coined in the USA. They are becoming the object of increasing concern over here too.

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Thinking - Publication

Financial Crime Time - Your update from RPC: 2022 Q4

Published on 20 Dec 2022. 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 are of interest and which may affect your business.

Read more
Thinking - Publication

Lawyers Covered - November 2022

Published on 29 Nov 2022. By Will Sefton, Partner and 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, Partner 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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