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Thinking - Publication

Beyond night and day: The importance of causation

Published on 27 May 2015.

In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.

Thinking - Blog

Legal Lasers

Published on 12 Sep 2014.

Building Information Modelling (BIM) is quickly becoming recognised as the future of design, construction and facilities management for new build projects. But what about existing buildings?

Thinking - Blog

Let's talk about VAT – a useful reminder

Published on 14 Aug 2014. By Ben Roberts, Partner

A recent Court of Appeal decision (CLP Holding Co Ltd v Singh and Kaur[1]) serves as a reminder to consider VAT during sale negotiations, and ensure that VAT wording in contracts is sufficiently clear.

Thinking - Blog

Be careful what you dig for

Published on 20 Jun 2014.

Beginning a project in an area of archaeological interest can be an historical minefield for both developers and contractors.

Thinking - Blog

Right time for UK REITs

Published on 22 Apr 2014.

Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.

Thinking - Blog

Right time for UK REITs

Published on 22 Apr 2014.

What are REITs? Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.

Thinking - Blog

The New Draft ICC Conditions

Published on 16 Apr 2014.

A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.

Thinking - Blog

The New Draft ICC Conditions

Published on 16 Apr 2014.

A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.

Thinking - Blog

Budget 2014 - update

Published on 24 Mar 2014. By Ben Roberts, Partner

Last week's Budget announcements were light on the property tax front.

Thinking - Blog

2014 – Another Year of Planning Reform

Published on 03 Feb 2014.

The past few years have seen a raft of changes to planning regime and 2014 seems set to continue with that trend. The matters below highlight some of the changes on the horizon.

Thinking - Blog

Too close for comfort – LPAs fail on the duty to co-operate

Published on 14 Jan 2014.

You would have thought that by now, after nearly 2 years since the Localism Act and National Planning Policy Framework have been in place, that local planning authorities would have got their act together.

Thinking - Blog

Adjudication - "Pay first, argue (now up to twice as much) later"

Published on 07 Jan 2014.

The recent Court of Appeal decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 clarifies that a limitation term is implied into every construction contract under the Construction Act 1996, where no express term exists.

Thinking - Blog

Want to Control the Future?

Published on 10 Dec 2013.

A seller commonly wishes to restrict the buyer's use of land after the sale – sometimes forever and sometimes only for a limited period.

Thinking - Blog

A Damp Squibb

Published on 25 Nov 2013.

The recent case of Squibb Group Ltd v (1) London Pleasure Gardens (2) London Borough of Newham [2013] EWHC 3275 (TCC) demonstrates that contractors cannot rely on funders to pay outstanding fees where an employer runs into financial difficulty.

Thinking - Blog

It shouldn't be a hard sell. Getting your head around the known knowns and the known unknowns

Published on 06 Nov 2013.

Although Don Rumsfeld wasn’t talking about the sale of property when he talked about knowns, he makes an important point about knowledge. Picture the scene.

Thinking - Blog

Pledging to use Alternative Dispute Resolution ("ADR")

Published on 30 Oct 2013.

On November 12th, signatories of The International Institute for Conflict Prevention & Resolution (CPR)'s new 21st Century Pledge will be announced.

Thinking - Blog

Is sunlight a nuisance?

Published on 08 Oct 2013. By Jonathan Carrington, Senior Associate

Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.

Thinking - Blog

Procurement Policy Note on EU Directives

Published on 23 Aug 2013.

The Cabinet Office has issued a Procurement Policy Note (“PPN”) which summarises the main outcomes of the new EU Directives relating to public procurement, utilities procurement and service concessions. The PPN also outlines the next steps in finalising and implementing the Directives.

Thinking - Blog

HELP TO BUY: BOOM OR BUST?

Published on 22 Aug 2013.

The Help to Buy initiative forms part of the Government's Funding for Lending scheme.

Thinking - Blog

SDLT group relief anti-avoidance – good news from HMRC

Published on 14 Aug 2013. By Ben Roberts, Partner

Last week saw some (much needed) good news on the topic of SDLT avoidance, that should clarify HMRC's approach to the common commercial practice of transferring a property intra-group, following the acquisition of a property-owning company (PropCo).

Thinking - Blog

SDLT avoidance - HMRC victorious regardless of taxpayer 'motive'

Published on 26 Jul 2013. By Ben Roberts, Partner

HMRC has scored a resounding victory in the first case[1] to consider in any detail the wide-ranging SDLT anti-avoidance provision (section 75A of Finance Act 2003).

Thinking - Blog

Insurers as lenders: what borrowers need to know

Published on 12 Jul 2013.

Insurers are the new show in town The make-up of providers of debt secured against UK real estate has changed dramatically.

Thinking - Blog

When the levee breaks

Published on 20 Jun 2013.

Whilst the stalled talks between ABI and Government have recently re-started, in less than 8 weeks a substantial number of properties may suffer significant loss of capital value if their owners are no longer be able to obtain flood risk insurance.

Thinking - Blog

Growth and Infrastructure Act 2013

Published on 05 Jun 2013.

The Growth and Infrastructure Act 2013 (the Act) was given Royal Assent on 25 April 2013.

Thinking - Blog

Outsourcing Health & Safety – a step too far?

Published on 22 May 2013.

Michael Scott & Danielle Lodge question the wisdom of outsourcing health and safety responsibilities

Thinking - Blog

Adjudicator's Fees

Published on 20 May 2013.

The Court of Appeal has confirmed that an Adjudicator is not entitled to any of his fees in circumstances where his decision is unenforceable.

Thinking - Blog

Property Rental Business Transfers and Leases – Reclaiming VAT and SDLT

Published on 17 Apr 2013. By Ben Roberts, Partner

Last November, following the decision in the case of Robinson Family Limited, HMRC announced that a transfer of a property rental business can qualify as a "transfer of a going concern" (TOGC) – and therefore not attract VAT – even if the transferor retains a reversionary interest in the property.

Thinking - Blog

What are the potential risks associated with BIM?

Published on 14 Mar 2013.

This is the second of three blogs about Building Information Models, or BIM. This blog will consider the potential risks associated with BIM, but don't worry we provide some practical advice on how these risks can be tackled in our final BIM blog.

Thinking - Blog

Rights to Light Reform: Law Commission Consultation

Published on 20 Feb 2013.

On 18 February 2013 the Law Commission announced that it was beginning a consultation process regarding possible changes to the law governing "rights to light".

Thinking - Blog

The End of the British High Street?

Published on 31 Jan 2013.

2012 was a hard year for the retail sector but 2013 is shaping up to be an even tougher year for High Streets in the UK.

Thinking - Blog

Will Planning Performance perform?

Published on 13 Dec 2012.

On 22 November 2012, the Department for Communities and Local Government (DCLG) published a consultation entitled 'Planning performance and the planning guarantee' setting out, amongst other things, how the Growth and Infrastructure Bill's proposals to enable planning applications to be made directly to the Planning Inspectorate (PINS) would operate.

Thinking - Blog

Rights of Light

Published on 23 Oct 2012.

Rights of light are an easement and are commonly acquired simply by a neighbour having enjoyed the light over a neighbouring building owner’s land for a period of 20 years without interruption.

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Thinking - Publication

Cyber_Bytes Issue 71

Published on 05 Feb 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner and Ian Dinning, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate and Lauren Kerr, Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Thinking - Publication

Data Dispatch - January 2025

Published on 31 Jan 2025. By Jon Bartley, Partner and Helen Yost, Senior Associate and Amy Blackburn, Senior Associate and Praveeta Thayalan, Knowledge Lawyer and Kiran Dhoot, Associate

Welcome to the latest 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.

Thinking - Blog

Key cyber developments: looking back over 2024

Published on 27 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner

For the cyber market, 2024 brought with it many legislative and regulatory changes, as well as sophisticated cyber-attacks and ground-breaking law enforcement activity.

Thinking - Publication

Cyber_Bytes Issue 70

Published on 31 Dec 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner and Ian Dinning, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate and Lauren Kerr, Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Thinking - Publication

New guidance on balancing data protection with the FCA's Consumer Duty and the TPR's Code of Practice

Published on 19 Dec 2024. By Helen Yost, Senior Associate and Jon Bartley, Partner and Jonathan Charwat, Partner

The Financial Conduct Authority (FCA), Information Commissioner's Office (ICO) and The Pensions Regulator (TPR) have published welcome guidance (Joint Statement) aimed at retail investment firms and pension providers on how to ensure their customer communications comply with the FCA's Consumer Duty (Consumer Duty) and the TPR’s Code of Practice (Code of Practice), whilst ensuring they follow the rules on direct marketing and data protection.

Thinking - Blog

Privacy developments – looking back and looking forward

Published on 19 Dec 2024. By Oliver Bray, Senior Partner and Jon Bartley, Partner and Joe Lippitt, Partner and Praveeta Thayalan, 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.

Thinking - Snapshot

EU publishes draft Code for general-purpose AI models

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What measures are proposed by the EU AI Office to regulate general-purpose AI (GPAI) models?

Thinking - Snapshot

Ofcom rolls out implementation phases for compliance with the Online Safety Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is Ofcom’s timeframe for implementation of the Online Safety Act (OSA) and what actions will in-scope services need to take to ensure compliance?

Thinking - Snapshot

New Safer Phones Bill aims at “making social media less addictive” for young people

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How does the Safer Phones Bill intend to protect young people online?

Thinking - Snapshot

Two years on from the Digital Services Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How has the European Commission (Commission) enforced the Digital Services Act (DSA) since its inception?

Thinking - Snapshot

New Standard Contractual Clauses for data importers outside the EAA but subject to the GDPR

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

Are the EU’s Standard Contractual Clauses (SCCs) needed if a data importer is located outside the European Economic Area (EEA) and already directly subject to the EU General Data Protection Regulation (EU GDPR)? In other words, where third party controllers and processors are based outside the EAA but subject to the GDPR, do you still need the SCCs to enable a lawful international transfer to them?

Thinking - Snapshot

The UK’s new Data (Use and Access) Bill

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

What does the UK’s new Data (Use and Access) Bill (the Data Bill) mean for businesses?

Thinking - Blog

The EU's Cyber Resilience Act: 10 on the 10

Published on 10 Dec 2024. By Richard Breavington, Partner and Dorian Nunzek, Trainee Solicitor

Today the EU's Cyber Resilience Act (Regulation (EU) 2024/2847) ('CRA') enters into force. The CRA recognises that the continuously evolving world of smart products is frequently challenged by vulnerabilities which can potentially lead to cyber-security incidents. Whilst most of the Act's obligations will not be applicable until three years from now, 10 December is the day when the EU takes a big step towards it's ten-year Cybersecurity Strategy. To mark the occasion, we have outlined ten key points that entities in scope must be aware of in preparation for compliance with the CRA.

Thinking - Snapshot

EDPB’s new publications on the ePrivacy Directive, processors and legitimate interests

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

What are the key takeaways for organisations processing personal data set out in the recent Guidelines and Opinions adopted by the European Data Protection Board (EDPB)?