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Thinking - Blog

COVID-19: Your workforce – furloughing - act to mitigate the risk of exposure to tax evasion offences as scheme could be open to abuse

Published on 09 Apr 2020.

Jim Harra, Chief Executive at HMRC, has informed a Treasury Committee meeting that he expects the government's multi-billion pound employee furlough scheme to be targeted by criminals seeking to exploit the £60 billion pledged in Chancellor Rishi Sunak's unprecedented Coronavirus protection package.

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Thinking - Blog

Hot off the Press: COVID-19 - Your workforce: a Q&A on claiming for wage costs through the Job Retention Scheme

Published on 27 Mar 2020. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG Strategy Lead

On 26th March, HMRC issued guidance on claiming for wage costs through the Coronavirus Job Retention Scheme. We explore some answers to key questions and add some questions of our own.

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Thinking - Blog

COVID-19 Your workforce: a caution against putting equality on the backburner

Published on 27 Mar 2020. By Kelly Thomson, Partner, ESG Strategy Lead and Rachel Pears, Head of Responsible Business

UK business, like much of the rest of the world, is and will, for some time, remain firmly in the grip of COVID-19's tentacles.

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Thinking - Blog

Sharpen your blue pencil: the doctrine of severance in employment cases

Published on 15 Aug 2019. By Kelly Thomson, Partner, ESG Strategy Lead and Patrick Brodie, Partner

In Tillman v Egon Zehnder Ltd [2019] UKSC 32, one such business asked the Supreme Court to reconsider the law and to change it to be fit for modern day purposes. In its landmark judgment handed down in July, the Supreme Court has done so. The core facts of the case are not unusual. Egon Zehnder (EZ) is a global specialist executive search and recruitment business. EZ recruited Mary-Caroline Tillman in 2004. As the High Court judge observed, the company regarded Ms Tillman as “a bit special”. She was recruited into a senior role on a salary of £120,000 and first year bonus of £100,000 and then rose steadily through the ranks of the organisation. By 2012, Ms Tillman was joint global head of the company’s financial services practice and a shareholder in the Swiss holding company.

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Thinking - Video

Gender Pay Gap Reporting – are you ready?

Published on 27 Apr 2016.

Hear Patrick Brodie and Kelly Thomson discuss the requirements on businesses to comply with Gender Pay Gap Reporting legislation.

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Thinking - Publication

Some holiday pay reading

Published on 26 Feb 2016.

A new decision on holiday pay and commission.

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Thinking - Publication

Employment update, December 2015

Published on 09 Feb 2016.

Implied terms: when can a term be implied into a contract?

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Thinking - Publication

Employment update, November 2015

Published on 17 Dec 2015.

Penalty clauses: what is the test where a clause is claimed to be unenforceable?

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Thinking - Publication

Employment update, October 2015

Published on 23 Nov 2015.

Whistleblowing: A dispute about terms of employment can be a matter of “public interest”

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Thinking - Publication

Employment update, September 2015

Published on 07 Oct 2015.

HR assistance in disciplinary procedures: how much is too much?

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Thinking - Blog

Restrictive Covenant Clause Enforced Despite it Containing a Drafting Error

Published on 17 Apr 2014.

The High Court has just handed down its judgment in the case of Prophet Plc v Huggett.

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Thinking - Blog

Different Emails, Read Together, Can be a Qualifying Whistleblowing Disclosure

Published on 21 Mar 2014.

In the case of Norbrook Laboratories (2B) Limited v Shaw the EAT considered whether emails sent to different recipients could be taken as a whole to amount to a qualifying disclosure for the purposes of a whistleblowing claim.

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Thinking - Blog

British National Working Overseas Has No Right to Bring a Claim in the Employment Tribunals

Published on 07 Feb 2014.

For employers who engage staff to work overseas, determining whether the can bring a claim in the Employment Tribunals is becoming increasing difficult.

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Thinking - Blog

Collective Redundancy Consultation: Expiry of Fixed Term Contract Does Not Count Towards 20+ Headcount

Published on 07 Feb 2014. By Patrick Brodie, Partner

University College v University of Stirling [2014] CSIH 5.

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Thinking - Blog

Report Card

Published on 28 Jan 2013.

We're casting our critical eye over the Government's employment law proposals and writing its school report.

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Thinking - Blog

Faith and Freedom

Published on 27 Jan 2013.

In a debate that has lasted several years, one of my colleagues and I have been at odds on the case of Lillian Ladele, the Islington registrar who refused to conduct civil partnership ceremonies.

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Service

Employment, Engagement & Equality

Legal expertise and strategic support for the future of work.

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Service

Trade Unions & Collective Rights

Navigating the complexities of trade union relations can be a time-consuming – and costly – challenge for your business. Our expert trade union lawyers are here to make the process as straightforward as possible.

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Service

Equality & Equity

For your business to thrive, people need to be able to perform at their best. Our Employment, Engagement & Equality team is committed to building inclusive organisations.

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Service

Outsourcing & Business Transfers

When handling business transfers, the situation can become complicated very quickly. Our employment lawyers are on hand to provide outsourcing legal advice and keep matters running smoothly.

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Service

Employment Litigation

An employment relationship can open all parties up to a range of legal challenges, and you need an expert employment litigation lawyer to defend your interests.

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Profile
Service

Investigations & Whistleblowing

The sensitive nature of cases involving sexual harassment and discrimination requires a legal partner with experience in this field. Our dedicated team will handle your case with efficiency and consideration.

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Service

Reorganisation & Restructuring

Business transformations involve many moving parts, and our restructuring lawyers will support you every step of the way – from large projects, to discrete advisory services.

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Thinking - Blog

Another blow for Italian regional authorities in Italian Swaps saga judgment

Published on 12 Mar 2025. By Tom Hibbert, Partner and William Monaghan, Associate

Shortly before Christmas, the Commercial Court handed down judgment in another one of the long line of 'Italian Swaps Cases', Dexia SA v Regione Emilia Romagna.

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Thinking - Blog

The PCR's "heavy responsibility": CAT Judgment in Riefa v Apple and Amazon emphasizes the high standards expected of a PCR

Published on 27 Feb 2025. By Chris Ross, Partner and Jessica Davies, Associate

The Competition Appeal Tribunal (the Tribunal) recently handed down an important judgment, refusing to certify the proposed collective proceedings in Christine Riefa Class Representative v Apple Inc. & Amazon.com, Inc. After two certification hearings, the Tribunal was not satisfied that it would be just and reasonable for the Proposed Class Representative (the PCR) to bring the proceedings following concerns relating to Professor Riefa's understanding of the PCR's funding arrangements. The judgment reiterates the strict requirements and high standards expected of a PCR.

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Thinking - Blog

Good reason or not? Court of Appeal clarifies rule on non-party access to court documents

Published on 28 Jan 2025. By Ana Margetts, Associate (New Zealand qualified) and Jake Hardy, Partner

The Court of Appeal has confirmed that a non-party does not have a right of access to documents on the court record by default (Derek Moss v The Upper Tribunal). Rather, the non-party must articulate a "good reason" for wishing to obtain the documents, by reference to the principle of open justice, explained in this blog.

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Thinking - Blog

Protecting commercial secrets: High Court allows redaction of documents for non-party access under CPR 5.4C

Published on 28 Jan 2025. By Camila Arias Buritica, Associate and Jake Hardy, Partner

In WH Holding Ltd v E20 Stadium LLP [2024] EWHC 817 (Comm), the High Court examined the rights of non-parties to obtain copies of statements of case under CPR 5.4C. It decided that the appropriate balance between the interests of individuals and the public interest in the maintenance of open justice could be struck by the redaction of the monetary sums from the claim form should a non-party obtain a copy of the statement of case.

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Press and Media

RPC Premier Law recognised across six areas in The Legal 500 Asia-Pacific 2025

Published on 15 Jan 2025. By Iain Anderson, Partner and Carmel Green, Partner and Kenneth Leong, Partner and Navin Joseph Lobo, Partner

RPC, a law firm deeply invested in client ambitions and commercial success, is proud to be recognised once again in The Legal 500 Asia-Pacific 2025 guide for Singapore, securing a host of new and improved rankings for 2025.

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Press and Media

Chambers Asia Pacific recommends RPC Premier Law in three categories

Published on 12 Dec 2024. By Iain Anderson, Partner and Carmel Green, Partner and Kenneth Leong, Partner

RPC Premier Law has maintained its rankings as a top firm in Band 1 for Insurance and Band 4 for Shipping: International: Litigation.

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Thinking - Blog

Exclusive means exclusive: High Court decides that English courts have jurisdiction in Italian swaps dispute

Published on 03 Dec 2024. By Simon Hart, Partner, Head of Commercial Disputes and Tim Potts, Senior Associate

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Thinking - Blog

High Court implies contractual terms following LIBOR cessation

Published on 20 Nov 2024. By Daniel Hemming, Partner and Gill O'Regan, Senior Associate

The High Court has implied a term into a contract to the effect that where the contract specifies a calculation should be carried out by reference to LIBOR, where LIBOR is no longer published a reasonable alternative should be used.

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Thinking - Blog

D'Aloia – High Noon for Crypto-Tracing

Published on 17 Oct 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

The High Court judgment in D'Aloia v. Persons Unknown and others [2024] EWHC 2342 (Ch) is arguably the most significant crypto judgment of 2024. Critical deficiencies in the claimant's blockchain tracing analysis, evidence presented at trial and pleadings were ultimately fatal to his claims seeking to recover assets misappropriated by fraudsters.

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Press and Media

Account Freezing Orders jump more than 170% in three years as HMRC cracks down on suspected criminal activity

Published on 23 Sep 2024.

Following the dumping of sewage into our waterways, a case against six UK water companies begins on Monday (September 23, 2024).

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Thinking - Publication

CAT Collective Proceedings - Summer 2024 update

Published on 24 Jul 2024. By Chris Ross, Partner and David Cran, Partner, Head of IP & Tech and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

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Thinking - Blog

The High Court continues interim anti-harassment injunction

Published on 24 Jul 2024.

At a return date hearing on 12 July 2024, Aidan Eardley KC (sitting as a Deputy High Court Judge) continued until trial or further order an anti-harassment injunction granted to prevent the Defendant from, amongst other things, approaching or contacting the Claimant.

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Thinking - Blog

No objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?

Published on 22 Jul 2024. By Tatiana Minaeva, Partner and Head of Investor-State Arbitration and Fred Kuchlin, Senior Associate

The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging jurisdiction under s. 67 of the Arbitration Act 1996 (the Act) by failing to raise an objection while continuing to take part in the arbitration.

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Thinking - Blog

The Supreme Court clarifies the law on the recovery of damages for non-pecuniary damage arising out of a maliciously false statement

Published on 18 Jul 2024.

The Claimant was an employee of the second defendant, LCA, a recruitment agency owned and operated by the first defendant. After leaving LCA, the Claimant was employed by another recruitment agency and began targeting LCA's clients. LCA's owner told two third parties, one of whom was the Claimant’s new line manager and the other a client of LCA, that by doing this the Claimant was in breach of her contract of employment with LCA. In fact, there was no term of that contract (as the owner of LCA knew) which prohibited the claimant from soliciting business from LCA’s clients.

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Thinking - Blog

Crypto damages quantification: valuation at the date of breach or date of judgment?

Published on 10 Jul 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

In Southgate v. Graham [2024] EWHC 1692 (Ch), the High Court addressed an appeal from the County Court concerning inter alia the appropriate date for assessing damages in a cryptocurrency loan dispute. Initially, the County Court determined that the damages should be based on the cryptocurrency's fiat value at the breach date. Due to the volatility of the cryptocurrency, this decision would have resulted in significantly lower fiat damages award than if the valuation were based on a later date. The High Court allowed the valuation date part of the appeal, directing a further hearing to establish the appropriate date.

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Thinking - Blog

New digital markets regime guidance published for consultation

Published on 28 Jun 2024. By Tom McQuail, Partner and David Cran, Partner, Head of IP & Tech and Melanie Musgrave, Of Counsel and Ben Powell, Associate

The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.

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Thinking - Blog

The Digital Markets, Competition and Consumers Act – the Competition Perspective

Published on 28 Jun 2024. By Tom McQuail, Partner and Chris Ross, Partner and Melanie Musgrave, Of Counsel

This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.

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Thinking - Blog

Recent CAT rulings consider distribution concerns

Published on 13 Jun 2024. By Chris Ross, Partner and William Carter, Senior Associate

With two collective settlements now approved by the UK's Competition Appeal Tribunal (CAT) and the outcome of the first substantive trial in the case of Le Patourel v BT anticipated shortly, it is an important time for the competition collective proceedings regime as the first sums start to be paid out to affected classes.

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Thinking - Publication

The Role of AI in Disputes

Published on 03 Jun 2024. By Daniel Hemming, Partner and Olivia Dhein, Knowledge Lawyer and Ricky Cella, Senior Associate

While lawyers have had various forms of AI available to them for years, it is generative AI and the development of large language models (LLMs) which is likely to represent a fundamental shift for dispute resolution. This technology now offers language capabilities that have never been seen before, and is likely to transform the way lawyers conduct proceedings.

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Thinking - Blog

Summary judgment against persons unknown – a tale of two crypto judgments

Published on 09 May 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

Two recent crypto judgements in the High Court, Mooij v Persons Unknown (February 2024) and Boonyaem v Persons Unknown (December 2023) reached different conclusions regarding whether a summary judgment could be granted against unidentified (and unidentifiable) fraudsters, with Mooji deciding 'yes' and Boonyaem deciding 'no'.

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Thinking - Blog

UK CAT Collective Proceedings Spring 2024 Update

Published on 30 Apr 2024. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner

Last year, we reported on what was then a fledgling collective proceedings regime in the UK’s Competition Appeal Tribunal (CAT). Our 2023 update is here. Since then, the competition collective proceedings regime has continued to grow at pace, notwithstanding the seismic Supreme Court decision in PACCAR affecting the underlying funding arrangements which underpin the entire collective proceedings landscape.

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Thinking - Snapshot

Collective actions under consumer law: proposed amendments to the Digital Markets, Competition and Consumers Bill

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

Are class actions under consumer protection law likely following the UK’s new DMCC Bill, and if so, what will the impact on businesses be?

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