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Class Actions and Collective redress

Published on 14 Jan 2025. By Lucy Dyson , Partner

The UK group litigation/ class action landscape continues to expand, particularly in an environmental and consumer context. Whilst we still have no US-style "opt-out" class action regime for civil claims (opt-out class actions are only viable in respect of competition law infringements), the available mechanisms for seeking redress on behalf of multiple claimants, continue to be tested.

Energy

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

In last year's Annual Insurance Review, we anticipated that we would see further growth in hydrogen power and that the renewable energy insurance market would continue to respond to this.

Climate risk and biodiversity

Published on 14 Jan 2025. By Lucy Dyson , Partner

2024 closed with the conclusion of COP29 and COP16 conferences. COP29 continued discussions in relation to financing greener energy projects and compensation of developing countries in the Global South for loss and damage as a result of extreme weather events.

Construction

Published on 14 Jan 2025. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Zoe Eastell, Partner

This year the new Leasehold and Freehold Reform Act 2024 (the LFRA) enacted various amendments to the Building Safety Act 2022 (BSA), which came into force on 24 July 2024 and 31 October 2024.

Financial institutions

Published on 14 Jan 2025. By Rebecca James, Associate and James Wickes, Partner and Ben Gold, Partner and Mike Newham, Partner and Carmel Green, Partner

As we predicted last year, ESG continues to be a source of risk for financial institutions. On 31 May 2024, the Financial Conduct Authority's anti greenwashing rule came into effect. The rule applies to all FCA-authorised firms, including UK asset managers, who make sustainability related claims about financial products and services. Under the rule, sustainability related claims must be fair, clear, and not misleading. In addition, the FCA has introduced naming and marketing requirements for asset managers, differentiating between products that have sustainability objectives and use a label, and products that have sustainability characteristics but do not use or qualify for a label. Following consultation in 2024, the rule looks set to be extended to portfolio managers in Q2 2025.

Contingency

Published on 14 Jan 2025. By Naomi Vary, Partner and Robert Morris, Partner

The contingency chapter of the Annual Insurance Review returns after a break. At the time of the 2022 update we expected the events market to rebound following the pandemic, although there remained lingering questions regarding entry requirements. Moving to 2024, the COVID restrictions appear to be a thing of the past, with attendance at events depending on a personal risk assessment rather than a vaccine passport or negative test. Despite the inevitable litigation following declinature of COVID claims, events and the contingency market have returned to normality.

Financial professionals

Published on 14 Jan 2025. By Esme Watson, Senior Associate and Rachael Healey, Partner and David Allinson, Partner and Antony Sassi, Managing Partner

In March 2024 the FCA published the findings from its Thematic Review of retirement income advice, looking at the landscape c. 9 years post-pension freedoms against the backdrop of an ageing population. No fundamental problems were identified but the FCA set out some areas for improvement, from more consistent fact finding to considering the value being provided in respect of any ongoing services.

Cyber and data

Published on 14 Jan 2025. By Elizabeth Zang, Associate and Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner and Jonathan Crompton, Partner

Last year's edition of the Annual Insurance Review included predictions that 2024 would see a trend towards an increased general level of cyber security given (i) the importance placed on security measures by regulatory bodies such as the ICO and (ii) the focus cyber underwriters had placed on assessing prospective insureds' security before offering cover.

Accountants

Published on 14 Jan 2025. By Patrick Paper-Barclay, Senior Associate

A key trend for the accounting world in 2024 was the sheer number of corporate insolvencies, and the knock-on effect of this in terms of claims against accountants. The number of corporate insolvencies continued to build upon the record levels already seen in 2023, which saw the highest number of annual corporate insolvencies for 30 years. The Insolvency Service's Annual Report in July 2024, for example, reported almost 11,000 new insolvency cases in the previous 12 months, an increase from just over 9,000 the previous year.

General liability

Published on 14 Jan 2025. By Charles Appleby, Senior Associate and Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Mamata Dutta, Partner and Thom Lumley, Partner

This has been a dramatic year for cases involving fundamental dishonesty. In Williams-Henry v Associated British Ports Holdings Ltd, the King's Bench Division found that the Claimant, who had suffered a moderately severe brain injury, had dishonestly exaggerated her symptoms and attempted to inflate the value of her claim by over £1million. Although liability was admitted and, but for her dishonesty, she would still have been entitled to damages just under £600,000, the Court dismissed the whole of her claim. The Judge found that, given the extent of her deception, there would be no substantial injustice to the Claimant by her losing the genuine elements of her claim along with the dishonest ones.

Health and Safety

Published on 14 Jan 2025. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Thom Lumley, Partner and Mamata Dutta, Partner

As the single greatest cause of work-related deaths due to past exposure (according to HSE's Annual health and safety statistics 2024.

Art & specie

Published on 14 Jan 2025. By Karen Barnard-Taylor, Senior Associate

Following reports in 2023 that the British Museum had discovered that around 2,000 artefacts were either lost or damaged, it has this year concluded its internal investigation. The Museum found that it had not been compliant with UK legislation regarding how such artefacts should be kept. The Public Records Act requires all UK museums and libraries to meet basic standards of preservation, access and professional care. The consequences of such failings can mean collections being transferred elsewhere or handed over to the National Archives, although it seems the British Museum may be spared this outcome. The Museum is working with the National Archives to ensure their future compliance. This will include the introduction of new policies, such as defining what comprises its collection, introducing a policy for registering items, and improving its policy for reporting unlocated items.

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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Tribunal allows trustee's appeal in inheritance tax case

Published on 31 Jul 2025. By Jasprit Singh, Senior Associate

In Accuro Trust (Switzerland) SA v HMRC [2025] UKFTT 464 (TC), the First-tier Tribunal (FTT) found that when a non-UK domiciled settlor added assets to an offshore trust and later became UK-domiciled, assets deposited after becoming UK domiciled remain “excluded property” when calculating inheritance tax (IHT).

Taxing Matters: The countdown to failure to prevent fraud is on (Part 3): Looking ahead: further developments for corporate criminal liability

Published on 30 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 issued by 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.

V@ update - July 2025

Published on 30 Jul 2025. By Adam Craggs, Partner and Jasprit Singh, Senior Associate

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

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.