Search results

Retail Compass Summer edition 2020

Published on 28 Jul 2020. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to the Summer 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.

Reform of audit industry: it's time to split

Published on 28 Jul 2020. By Davina Given, Partner

Audit has been the subject of intense scrutiny over the past few years in the wake of a series of high-profile business collapses such as Carillion, Patisserie Valerie and Thomas Cook in the UK and, more recently, Wirecard in Germany, and there is no shortage of calls for reform of the audit industry.

Medical Devices Regulation on the horizon

Published on 09 Jul 2020.

The EU Regulation on Medical Devices 2017/745 (the MDR) had been due to become fully applicable on 26 May 2020.

Audit market: From recommendations to reforms

Published on 09 Jul 2020. By Davina Given, Partner

The Brydon Report on audit quality and effectiveness was released on 18 December 2019. The Report sets out recommendations for “urgent reform” in order to increase public confidence and seek to prevent unnecessary corporate failures.

SMCR: The tricky implementation phase

Published on 09 Jul 2020.

The Senior Managers and Certification Regime (SMCR) came into force for all financial services firms solo-regulated by the Financial Conduct Authority (FCA) on 9 December 2019. The SMCR replaces the previous APER regime under which the FCA had oversight of the individuals working in the financial services industry. There is a one year implementation period for firms to make the changes required by the SMCR, which expires on 9 December 2020.

Regulatory Radar 2020/21

Published on 09 Jul 2020.

Welcome to the 2020/21 edition of RPC’s 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.

'Nosecco' is a no-no, says the High Court

Published on 01 Jul 2020. By Ciara Cullen, Partner and Sarah Mountain, Partner

In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

Regulatory update - June 2020

Published on 26 Jun 2020. By Gavin Reese, Partner, Head of Regulatory

Welcome to the June edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

TerraLex virtual meeting: The new wave of M&A

Published on 18 Jun 2020. By Neil Brown, Partner and Paul Joukador, Partner

In this video presentation, RPC's Neil Brown and Paul Joukador meet with Lori Green and Rick McGuirk to discuss issues related to force majeure, frustration of purpose, material adverse change, and how they’ve been impacted and will likely change in the post-pandemic world.

COVID-19: The Dairy Sector and Welsh health services granted temporary UK competition law exemptions and the European Commission issues first 'Comfort Letter' to Pharmaceutical Manufacturers

Published on 01 Jun 2020. By Melanie Musgrave, Of Counsel

The UK Government has granted a temporary competition law exemption for certain collaboration within the dairy sector and Welsh health services and the European Commission has published its first 'comfort letter' to allow co-operation to ensure supplies of medicines for COVID-19 patients.

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner

At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner

At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

Regulated Activities Order amendments for the new Bounce Back Loan Scheme

Published on 05 May 2020.

On 1 May 2020, the Financial Services and Markets Act 2000 (Regulated Activities) (Coronavirus) (Amendment) Order 2020 was published and came into force on 4 May 2020.

Regulatory Roundup Q1 2020

Published on 30 Apr 2020. By Gavin Reese, Partner, Head of Regulatory

Welcome to the Spring edition of the Regulatory Roundup, which aims to pull together the key developments across regulatory regimes – and help you to navigate the maze.

COVID-19: What is the CMA's current approach to UK merger assessment?

Published on 29 Apr 2020. By Melanie Musgrave, Of Counsel

The CMA has been adapting its working practices to react to the ongoing challenges of a change in working environment that has an impact on almost all businesses.

Give retailers a break, lawyers tell creditors

Published on 16 Apr 2020.

Lawyers have called for a break on winding-up petitions against retailers as they fail to pay creditors due to the outbreak. So far, retailers have been hit with 52 winding-up petitions since the beginning of the year, with the numbers accelerating since the coronavirus outbreak took hold, according to lawyers at RPC.

Could I mitigate my losses by using my premises for other purposes?

Published on 14 Apr 2020.

With the inevitable impact of the coronavirus on retail businesses, many will be looking to mitigate their losses. One obvious way of doing this would be to use their premises, often their single largest overhead, for other uses. But is this possible and what must you consider?

COVID-19: Coronavirus and Competition Law - The Current Enforcement Scene

Published on 06 Apr 2020. By Melanie Musgrave, Of Counsel

COVID-19: The groceries sector - temporary competition law exemption comes into force

Published on 03 Apr 2020. By Melanie Musgrave, Of Counsel

In light of "exceptional and compelling reasons of public policy" arising from the Covid-19 pandemic, the Secretary of State (the "SoS") has announced temporary competition law arrangements in the groceries sector.

COVID-19: CMA provides guidance to business on its approach to co-operation in response to the pandemic

Published on 01 Apr 2020. By Melanie Musgrave, Of Counsel

Businesses, which do not benefit from the specific competition law exemptions granted by the Secretary of State (in the groceries, Solent Ferries and healthcare services sectors), may co-operate without fear of enforcement action by the Competition and Markets Authority (the "CMA"), provided that this co-operation is undertaken "solely to address concerns arising from the current crisis and does not go further or last longer than what is necessary".

Key regulatory guidance following COVID-19 pandemic

Published on 27 Mar 2020. By Gavin Reese, Partner, Head of Regulatory

As the world tackles the COVID-19 pandemic, the UK’s Regulators have published a host of useful guidance that firms should take good note of during this period of uncertainty. While not an exhaustive list, we hope this summary highlights the key obligations and requirements currently being brought in by the Regulators.

Regulatory update - March 2020

Published on 27 Mar 2020. By Gavin Reese, Partner, Head of Regulatory

Welcome to the March edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

Regulatory update - February 2020

Published on 13 Feb 2020.

Welcome to the February edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

Regulatory update - January 2020

Published on 15 Jan 2020.

Welcome to the January edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

Regulatory update - December 2019

Published on 11 Dec 2019.

Welcome to the December edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

Changing retail landscape leads to decline in employee numbers

Published on 21 Nov 2019. By Kelly Thomson, Partner, ESG Strategy Lead

The retail sector continues to face change and challenge from every conceivable angle and employment within the sector is following this trend.

Regulatory update - November 2019

Published on 11 Nov 2019.

Welcome to the November edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

Regulatory update - October 2019

Published on 10 Oct 2019. By Gavin Reese, Partner, Head of Regulatory

Welcome to the October edition of our monthly Regulatory update, which aims to pull together key developments from across the various UK regulators – and help you to navigate the regulatory maze.

Fixing Fast Fashion: Parliament aims to put the brakes on retailers

Published on 10 Apr 2019. By Jeremy Drew, Partner, Head of Commercial

'Fast fashion' has been providing inexpensive, up to date styles to the mass market for decades, keeping the consumer both on trend, and in the black. However, as society becomes increasingly aware of the environmental and social impact of the retail sector, Parliament has thrown a spotlight upon the sustainability of 'fast fashion' and the modern retailing practices which underpin it.

Advertisement consent – five rules for retailers

Published on 26 Jul 2017.

A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.

Harmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics

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

What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?

Agreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Where a contract for the sale of goods did not expressly specify the price for a portion of the goods, was the contract for the sale of those goods, or an element of it, enforceable or unenforceable as a mere agreement to agree?

Influencer posts and affiliate links: the whole marketing chain must know the rules

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

Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?

Construing material adverse effect/material adverse change clauses

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

How did the courts go about construing a material adverse effect definition (MAE) in a share purchase agreement (SPA) to determine whether an event constituted a MAE so as to discharge the buyers from their obligation to close the transaction?

Travel agent found to have misled consumers with “from” price claims

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

How can advertisers avoid misleading consumers when using “from” price claims?

Reasonable notice termination not construed or implied into a contract with detailed termination provisions

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Where a contract contains comprehensive termination provisions, in what circumstances will the court avoid construing or implying an additional right to terminate on reasonable notice?

ASA rules against telecoms companies on mid-contract price rises

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

What steps should be taken to ensure contractual mid-term price rises don’t fall foul of advertising regulations or Ofcom’s existing and incoming transparency rules?

Effect of a contractual liability cap on set-off and contractual interest

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Under a contract’s liability cap, should the cap be applied separately to each party’s liability before any set-off or after calculating the net financial position between the parties?

Round up of recent green claims

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

Round up of recent green claims: Key updates and sector-specific updates

Snapshots Winter 2024

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

A roundup of key legal developments for the modern commercial lawyer.

Snapshots Autumn 2024

Published on 17 Oct 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Court infers novation despite 'no dealings' clause

Published on 17 Oct 2024.

Magee and others v Crocker and others [2024] EWHC 1723 (Ch)

Determining whether a default interest clause is an unenforceable penalty

Published on 17 Oct 2024.

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721

Agent authority in contract variation

Published on 17 Oct 2024. By David Cran, Partner, Head of IP & Tech and Caroline Tuck, Partner

Advanced Multi-Technology for Medical Industry and others v Uniserve Ltd and others [2024] EWHC 1725 (Ch)

Contract construction – adjective at the start of a list found to qualify the entire list

Published on 17 Oct 2024.

Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695

Updated CAP guidance on when in-game purchases are considered 'advertising'

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

When and how does the CAP Code apply to the advertising of in-game purchases such as "loot boxes" in apps and video games?

ASA continues to scrutinise aviation green claims

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

What can we learn from the Advertising Standards Authority's (ASA) recent rulings against green claims in the aviation industry?

ASA rules on impact of historic environmental performance on green claims

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

How does the Advertising Standards Authority (ASA) say about poor historic environmental behaviour in respect of green claims?

IAB Europe's 12 guiding principles for the 2024-2029 EU legal agenda

Published on 17 Oct 2024.

What principles will guide IAB Europe in the upcoming EU legal agenda?