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Technology

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

There have been a range of court judgments in recent years concerning the interpretation and scope of contractual clauses intended to limit liability.

Netherlands

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

In a class action brought by ‘Stichting Fossielvrij’ against KLM concerning greenwashing, the Court of Amsterdam ruled on 24 March 2024 that several of the advertisements run by KLM were misleading and therefore unlawful. The public attention for the harmful effects of PFAS also continued. In April 2024 eleven interest groups (including firemen, military personnel and residents living near airports) commenced a lawsuit against the Dutch State, asking the State to take faster measures to curb both the emissions and spread of PFAS. The lawsuit also calls for improved monitoring and quicker enforcement. Further developments will likely take place in 2025.

Toxic Torts and Legacy Exposures

Published on 14 Jan 2025. By Lucy Dyson , Partner

As predicted in last year's review, PFAS/ forever chemicals continued to dominate the toxic tort stage during 2024, with litigation rapidly expanding outside of the USA.

Latin America

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

The Latin American insurance market witnessed remarkable growth in 2024, reflected in an increase in product sophistication and robust premium growth. This is due to the continued economic growth in different countries, which has led to Latin America becoming one of the fastest-growing regional insurance markets in the world.

Property and business interruption

Published on 14 Jan 2025. By Jonathan Wyles, Of Counsel

Technip Saudi Arabia Limited v The Mediterranean & Gulf Insurance and Reinsurance Co. (MedGulf) [2024] EWCA Civ 481 concerned a dispute over coverage for a claim by Technip under its construction all risks policy with MedGulf written on an amended WELCAR wording. The claim arose from damage to a wellhead platform offshore of Saudi Arabia caused by a tug. The tug was chartered by Technip, who had contracted with the wellhead's owner, KJO, an unincorporated joint venture.

Warranty & Indemnity

Published on 14 Jan 2025. By Dorothy Flower, Partner and Sian Morgan, Partner

We predicted last year that 2024 would see deal volumes increase, owing to improving market conditions. Indeed, a pullback in inflation (and stabilisation of the cost of capital) has led to a rising M&A market, with notable growth among larger deals. Among European markets, the UK has been particularly active, reflecting perceived political stability following the decisive general election result (2024 was a bumper year for elections, too).

Middle East & Africa

Published on 14 Jan 2025. By Toby Savage, Partner and Alex Almaguer, Partner, Head of Latin America and William Jones, Of Counsel

In our last Annual Insurance Review, we predicted strong growth in the renewable energy sector in the Middle East, with solar and wind energy expected to play a major role in increasing the region's energy capacity, alongside a rise in investment and infrastructure development throughout 2024.

Restructuring & Insolvency

Published on 14 Jan 2025. By Finella Fogarty, Partner, Head of Restructuring & Insolvency and Paul Bagon, Partner

2024 has seen one of the most significant insolvency cases in recent years. In June, Justice Leech handed down his judgment on the claim brought by the liquidators of BHS against certain of its former directors for wrongful trading and misfeasance. This judgment is likely to have important consequences for the D&O market.

Australia

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

It was a case of 'another year; another tough economic outlook' in Australia. Wafer-thin economic growth, cost of living pressure, higher than forecasted inflation, flatlining productivity and decade-high interest rates, combined with non-economic concerns around climate change, social inflation and cyber risk, has left the insurance industry with a smorgasbord of uncertainties to balance.

USA

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

In this chapter of our Annual Insurance Review 2025, we look at the main developments in 2024 and expected issues in 2025 for the USA.

Asia

Published on 14 Jan 2025. By Carmel Green, Partner and Antony Sassi, Managing Partner and Iain Anderson, Partner and Rebecca Wong, Partner

As the soft market continues, insurance premiums in Asia have consistently declined across all major product lines during Q1-Q3 due to increased competition and challenging economic conditions.

Canada

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

Canada faced significant challenges in 2024, with slow economic growth and a strained judicial system. Looking ahead to 2025, professional liability and construction claims are likely to remain on the rise, while the upcoming Canadian election could result in significant regulatory changes.

What 6 key challenges will insurers face in 2024?

Published on 11 Jan 2024. By Simon Laird, Partner, Insurance Sector Lead

Climate change, Artificial Intelligence and ESG top this year's predictions in latest edition of Annual insurance review from international law firm RPC

Annual insurance review 2024

Published on 11 Jan 2024. By Simon Laird, Partner, Insurance Sector Lead and Robert Morris, Partner and Toby Higginson, Partner, Co-head of Clients and Markets (Insurance)

Hello and welcome to RPC's Annual insurance review – a look back at the events that shaped the insurance market in 2023 and a look forward towards what to expect in 2024.

Annual Insurance Review 2024: Procedure damages & costs

Published on 11 Jan 2024.

In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Procedure damages & costs.

Annual Insurance Review 2024: Product liability

Published on 11 Jan 2024.

In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Product liability.

Annual Insurance Review 2024: Construction

Published on 11 Jan 2024. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Zoe Eastell, Partner

In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Construction.

Annual Insurance Review 2023

Published on 12 Jan 2023. By Simon Laird, Partner, Insurance Sector Lead

Hello and welcome to RPC's Annual Insurance Review – a look back at the events that shaped the insurance market in 2022 and a look forward towards what to expect in 2023.

Annual Insurance Review 2023: USA

Published on 12 Jan 2023.

In this chapter of our Annual Insurance Review 2023, we look at the main developments in 2022 and expected issues in 2023 for the USA.

What are the 8 key concerns insurers will face in 2023?

Published on 12 Jan 2023. By Simon Laird, Partner, Insurance Sector Lead

Annual Insurance Review from international law firm RPC identifies ESG risks, climate change and cyber-attacks as top challenges.

Annual Insurance Review 2022

Published on 10 Jan 2022.

Welcome to RPC's 2022 annual insurance review – a look back at the events that shaped the insurance market in 2021 and a look forward towards what to expect in 2022.

Annual Insurance Review 2021

Published on 14 Jan 2021.

Welcome to RPC's 2021 annual insurance review. No prizes for guessing what we will be talking about this year.

Annual Insurance Review 2020

Published on 08 Jan 2020. By Simon Laird, Partner, Insurance Sector Lead and Robert Morris, Partner

Hello and welcome to the 2020 edition of RPC’s annual insurance review. Here you will find updates from our experts across a whole range of business classes as well as from around the world. In the articles that follow you will be able to read our take on key issues that have impacted your market in the year gone – and our thoughts on the issues likely to affect you in the year to come.

Technology and cyber

Published on 08 Jan 2020.

In this chapter of our Annual Insurance Review 2020, we look at the main developments in 2019 and expected issues in 2020 for technology and cyber.

Regulatory

Published on 08 Jan 2020. By Lauren Murphy, Senior Associate

In this chapter of our Annual Insurance Review 2020, we look at the main developments in 2019 and expected issues in 2020 for regulatory.

Marine and shipping

Published on 08 Jan 2020. By William Jones, Of Counsel and Toby Savage, Partner

In this chapter of our Annual Insurance Review 2020, we look at the main developments in 2019 and expected issues in 2020 for marine and shipping.

Annual Insurance Review 2019

Published on 21 Jan 2019. By Simon Laird, Partner, Insurance Sector Lead and Robert Morris, Partner

Welcome to RPC’s Annual Insurance Review

Annual Insurance Review 2018

Published on 17 Jan 2018.

Welcome to RPC’s Annual Insurance Review for 2018.

Annual Insurance Review 2018: Accountants

Published on 17 Jan 2018.

In this chapter of our Annual Insurance Review 2018, we look at the main developments in 2017 and expected issues in 2018 for accountants.

Annual Insurance Review 2017

Published on 09 Jan 2017. By Simon Laird, Partner, Insurance Sector Lead

Last year we identified the standout insurance law event of 2015 as the impending introduction of the Insurance Act 2015. Little did we anticipate the tumultuous events of 2016 that would shake up the global economic markets as a whole.

Annual Insurance Review 2016

Published on 08 Jan 2016.

Landmark insurance law reform and market consolidation

Annual Insurance Review 2014

Published on 16 Jan 2015.

Landmark insurance law reform and dealing with economic recovery which remains gradual

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What the 'whistleblower' reward scheme means for tax compliance

Published on 24 Jul 2025. By Adam Craggs, Partner

The UK government has recently announced a new reward scheme will be established later this year to encourage informants to report tax fraud to HMRC. Such a reward scheme has implications for tax compliance.

New legislation announced making recruitment agencies or end clients jointly and severally liable for PAYE and NIC

Published on 24 Jul 2025. By Adam Craggs, Partner and Michelle Sloane, Partner and Daniel Williams, Associate

New legislation announced making recruitment agencies or end clients jointly and severally liable for PAYE and NIC

The countdown to failure to prevent fraud is on (Part 2): What is failure to prevent fraud?

Published on 24 Jul 2025.

From 1 September 2025, the new failure to prevent fraud offence will come into effect under the Economic Crime and Corporate Transparency Act 2023 (ECCTA). Statutory guidance from the Home Office sets out the framework that large organisations should implement by September 2025, to ensure they have in place reasonable fraud prevention procedures.

The countdown to failure to prevent fraud is on (Part 1): A recap on corporate criminal liability

Published on 17 Jul 2025.

From 1 September 2025, the new failure to prevent fraud offence will come into effect under the Economic Crime and Corporate Transparency Act 2023 (ECCTA). Statutory guidance from the Home Office sets out the framework that large organisations should implement by September 2025, to ensure they have in place reasonable fraud prevention procedures.

Tribunal allows taxpayer's appeal in respect of overdrawn director's loan account

Published on 17 Jul 2025. By Daniel Williams, Associate

In Quillan v HMRC [2025] UKFTT 421 (TC) the FTT held that a director's loan was neither written off nor released in the absence of a formal acknowledgment from the company's liquidator.

HMRC's latest nudge letter campaign targets loan arrangements

Published on 14 Jul 2025. By Adam Craggs, Partner and Michelle Sloane, Partner

HMRC is targeting taxpayers who have claimed tax relief for interest paid, or other debits relating to loans, where they suspect that one of the taxpayer's "main purposes" for entering into the loan relationship was to avoid tax.

Tribunal accepts taxpayers' Ramsay argument and allows their appeals

Published on 10 Jul 2025. By Alexis Armitage, Senior Associate

In The Vaccine Research Ltd Partnership & Anor v HMRC [2025] UKFTT 402 (TC), the First-tier Tribunal (FTT) allowed the taxpayers' appeal, concluding that under the Ramsay principle of statutory interpretation, licence fees received as part of a tax-planning scheme, were neither annual payments nor income not otherwise charged of the partners, within sections 683 or 687 of Income Tax (Trading & Other Income) Act 2005.

HMRC directed by tribunal to issue closure notices

Published on 03 Jul 2025.

In Refinitiv Ltd and others v HMRC [2025] UKFTT 415 (TC), the First-tier Tribunal directed HMRC to issue closure notices on the basis it had failed to meet the burden to keep the relevant enquiries open as ongoing judicial review proceedings do not constitute "reasonable grounds" for not issuing a closure notice.

Tax Bites - July 2025

Published on 01 Jul 2025. By Adam Craggs, Partner and Daniel Williams, Associate

Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.

Taxing Matters: When tax advice goes wrong: professional negligence in tax disputes

Published on 26 Jun 2025.

In this episode, our host and Senior Associate at RPC, Alexis Armitage, is joined by colleagues Helen Kerr and Tom Wild from RPC's Professional Liability team to explore how professional negligence claims can arise during the lifecycle of a tax dispute.

Upper Tribunal dismisses IR 35 challenge

Published on 26 Jun 2025. By Jasprit Singh, Senior Associate

In George Mantides Ltd v HMRC [2025] UKUT 00124 (TCC), the Upper Tribunal dismissed the company's appeal against an income tax determination and national insurance decision. Whilst the UT set aside the earlier decision of the First-tier Tribunal on the basis that there were errors in the assessment of the hypothetical contract, ultimately it came to the same conclusion that the hypothetical contract was one of employment for the purposes of IR35.

V@ update - June 2025

Published on 20 Jun 2025. By Adam Craggs, Partner and Jasprit Singh, Senior Associate

Welcome to the May 2025 edition of RPC's V@, our monthly update which provides news and insightful analysis from the VAT world.

Improving HMRC’s Approach to Dispute Resolution

Published on 19 Jun 2025. By Adam Craggs, Partner and Liam McKay, Of Counsel

This article considers the recently launched consultation aimed at modernising HMRC’s approach to resolving tax disputes.

No Retreat on UK Digital Services Tax – For Now

Published on 12 Jun 2025. By Adam Craggs, Partner and Liam McKay, Of Counsel

This blog considers recent speculation concerning the future of the UK's Digital Services Tax in the context of trade negotiations between the UK and the USA.

Court of Appeal confirms pre-construction costs qualify for capital allowances

Published on 05 Jun 2025. By Daniel Williams, Associate

In Orsted West of Duddon Sands (UK) Ltd and others v HMRC [2025] EWCA Civ 279, the Court of Appeal held that expenditure incurred in designing windfarms and on studies informing the installation could qualify for capital allowances.

Tax Bites - June 2025

Published on 03 Jun 2025. By Adam Craggs, Partner and Daniel Williams, Associate

Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.