Retail Compass Winter edition 2020
Published on 20 January 2020
Welcome to the Winter 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.
2020 is set to be another fascinating year for retail. Despite the negative headlines you will read in the newspapers, good retailers are still flourishing and we expect to see those who embrace the new trends in the industry to continue to grab market share. Expect to see more personalisation of products and experiences, the digital and physical worlds combining more effectively, the increasing importance of supply chains in delivering what the customer wants and sustainability moving to the top of all retailers’ agendas.
As for previous editions of Retail Compass, we have captured the key upcoming developments for the first part of the year in the horizon-scanning pieces (see pages 5 to 11). April 2020 is set to be a busy month with the Digital Services Tax, extension of IR35 and aspects of the Good Work Plan (to name a few) coming in that month. We’ve also included some shorter pieces which focus on other interesting things going on that we think will impact those in Retail, this includes a look at the Criminal Finances Act two years on.
We continue to include key statistics and links to our legislation tracker and list all of the UK Government consultations and enquiries relevant to Retail. We’ve also included some shorter pieces which focus on other interesting things going on that we think will impact those in Retail, this includes the impact of cyber breaches within the retail industry, counterfeiting of luxury goods, and a look at the Criminal Finances Act two years on.
We hope this edition is helpful for your business. We would love to hear any feedback or comments so please feel free to contact us.
Headline legal and policy developments
31 January 2020: Brexit – the transition period and its implications for retailers
As per the Conservative government’s manifesto, the UK will likely be leaving the European Union by 31 January 2020. Read more
6 April 2020: Change to tax on termination payments
Tax on termination payments is changing so that employer National Insurance Contributions (NICs) at 13.8% will be payable on any part of a payment that is subject to income tax. Read more
6 April 2020: The Good Work Plan
Aspects of the Good Work Plan (GWP) will be implemented by the UK government on 6 April 2020. Read more
April 2020: New Digital Services Tax
From April 2020, a new 2% tax will be introduced by the government on the revenues of social media platforms, search engines and online marketplaces. Read more
April 2020: Review of price cap for rent-to-own retailers
In 2019, the Financial Conduct Authority (FCA) introduced a price cap on retailers selling household goods on a rent-to-own “buy-now, pay-later” basis (FCA Rules). Read moreApril 2020: Extension of IR35
The Employment Intermediaries Rules (commonly referred to as IR35) were introduced (with effect from 6 April 2000) to address the potential loss of revenue from individuals seeking to avoid paying employee income tax and National Insurance (NI) by supplying their services via an intermediary, eg a personal service company (PSC), taking income as dividends. Read more
April 2020: "Track and Trace" for cigarettes and hand-rolling tobacco products
The introduction of the Tobacco Products (Traceability and Security Features) Regulations 2019 means that from 20 May 2020 retailers selling cigarettes and hand-rolling tobacco will only be permitted to sell these products if they are “Track and Trace” compliant as per the changes in the regulations. Read more
Retail Compass winter edition 2020
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Artificial intelligence
- AI in auditing: Embracing a new age for the profession
- EU AI ACT-ion stations
- Coming to a bank near you? How "investment AI" could transform financial mis-selling claims
- Navigating the impact of AI on work: challenges, opportunities, and the human touch
- 12 top tips for using AI in retail and consumer businesses
- What To Know About AI Fraudsters Before Facing Disputes
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Banking and Financial Markets Litigation
- APP fraud: Commercial Court considers approach to unjust enrichment and knowing receipt claims
- Banking and Financial Markets Litigation Update - Spring 2023
- Banking and Financial Markets Litigation Update - Summer 2022
- Banking and Financial Markets Litigation Update - Summer 2024
- Competing subordinated debts – the lessons learnt from Lehmans' insolvency
- Court of Appeal draws distinction between claims for recovery of tax and restitution for tax paid out fraudulently
- Court of Appeal finds that Bitcoin's developers may owe fiduciary duties to bitcoin owners
- Court of Appeal holds that Quincecare duty can arise in principle where customer gives instructions in authorised push payment fraud
- Court of Appeal strikes out defences that funds' losses resulting from FX manipulation have been passed on to investors following redemption
- Disputes Yearbook 2021: Financial disputes
- English Commercial Court upholds the validity of swap contracts entered into by an Italian local authority
- ESG claims in the banking and financial markets Sector: will "greenwashing" claims soon be common in the UK?
- Are you a "person discharging managerial responsibility"? High Court clarifies meaning of PDMRs under FSMA
- High Court decides that reviving proceedings automatically stayed under CPR 15.11 requires relief from sanctions
- High Court dismisses application for extension of limitation period on basis of fraud at summary judgment stage
- High Court implies contractual terms following LIBOR cessation
- High Court permits enforcement of foreign judgment in crypto recovery case
- How aware were you? High Court refuses to strike out fraudulent misrepresentation claim in VW 'Dieselgate' emissions
- Limitation Act 1980 s.32(1): whether a claimant could have discovered fraud with "reasonable diligence" extends to events prior to accrual of the cause of action
- Litigation risk arising from recent LDI related disruption in the UK gilt market
- Merchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps
- No knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank
- No loss? No Quincecare claim … the Supreme Court judgment in Stanford International Bank v HSBC
- Privy Council decides that banks owe no Quincecare duty to a beneficial owner of monies in an account
- Summary judgment application does not amount to submission to English jurisdiction
- Updated P.R.I.M.E. Finance Arbitration Rules launched for 2022
- Where's the damage? High Court dismisses jurisdiction challenge in US$495 million claim
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Construction
- AI in Construction
- ARB publishes update guidance on PII
- Sanctions and next steps
- Architect receives 12 month suspension over "ugly duckling" home cinema design
- Architects' Code reforms – it's important that you have your say!
- BSA: Higher-Risk Buildings Regulations now in force - Property Managers Take Note
- BSA: new guidance for principal accountable persons to assist in registration with BSR
- Building on renewable energy #2 - Wind power
- Building on renewable energy #3 – Anaerobic Digestion
- Building Safety Levy – Government Undertaking Second Consultation
- CoA paves the way for the responsible developer
- Construction and Engineering Law 2024
- Construction Contracts Part 1 – Who is party to the contract?
- Construction disciplinary trends analysis #1: continuing professional development
- Construction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!
- Construction disciplinary trends analysis #3: fraud and dishonesty
- Court considers requirements for a condition precedent to litigation in Local Authority application
- Disciplinary investigations against architects #4 - investigations panel stage
- Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee
- Disciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect
- Disciplinary investigations against architects #2 - Complaints to the ARB
- Disciplinary investigations against architects #3 – The review stage
- First out the traps: Dissecting the first remediation order under the Building Safety Act
- Does it matter if "the price is right"?
- EWS1 update
- Fire Risk Assessments - The latest developments
- Fire Safety Act 2021: Clarification for the Responsible Person
- Fire Safety Act 2021: New tool to assist 'Responsible Persons' to prioritise reviewing fire risk assessments
- Fire safety – at last, some welcome news for surveyors
- Health and Safety Bulletin – June 2020
- International Comparative Legal Guide - Construction & Engineering 2022
- Is an Alternative Dispute Resolution (ADR) clause a condition precedent? And even if it is, is it always enforceable?
- JCT 2024 has landed! This is the ideal time to update your contracts
- Knot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed
- New RICS Guidance for Risks, Liability and Insurance April 2021
- New RICS guidance for valuers - Another step in the right direction for valuers
- Responsible Actors Scheme forecast for Summer 2023
- RICS disciplinary process: an overview for surveyors
- RICS disciplinary process: an overview for surveyors (1 of 4)
- RICS disciplinary process: guidance for surveyors on sanctions (4 of 4)
- RICS disciplinary process: guidance for surveyors on the hearing process (3 of 4)
- RICS PII market consultation – Is the feeling mutual? Have your say
- RICS PII Minimum Terms consultation – last chance to have your say
- RICS publishes new guidance on cladding and valuation - Webinar on 16 December 2022
- RICS revised Rules of Conduct – coming soon
- RICS Service Charge Code Consultation Commences
- Royal Assent for The Leasehold and Freehold Reform Act
- Scope of duty and recovery of losses
- Still Knot so Weedy: RICS issues new guidance on Japanese Knotweed following consultation
- The Bichard RICS Review: Recommendations for an overhaul of the RICS structure
- The Building Safety Bill – a welcome change?
- The Building Safety Bill – time for property managers to prepare
- The fit-out problem
- The proposed new RICS Residential Retrofit Standard
- The RICS key to unlock the market?
- The scope of a valuer's duty post Manchester Building Society and Khan – the Privy Court's view
- St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts
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- To be or Knot to be, a nuisance?
- Two-stage procurement: some key considerations for PCSAs
- Two-stage procurement
- Unpacking the Building Safety Act's industry overhaul
- Valuers receive further clarity on External Walling Reviews
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Crypto & digital assets
- Binance successfully challenges interim proprietary injunction over deposited cryptoassets
- Bitcoin is 'property' and can therefore be subject of proprietary injunction
- Crypto-assets again confirmed as property by the English Commercial Court
- Crypto damages quantification: valuation at the date of breach or date of judgment?
- D'Aloia – High Noon for Crypto-Tracing
- First judgment obtained in proceedings brought by a cryptocurrency exchange in the English Courts
- High Court finds that a cryptocurrency exchange arrangement was not a trust
- Injunction granted over stolen NFTs held on constructive trust
- Is the crypto market at the end of its Tether?
- No interim injunction over bitcoin account where damages would be adequate
- The FTX fallout so far and what may come next
- Three Crypto firsts for the English courts
- You've been airdropped: English court approves service by NFT and finds it arguable that cryptocurrency-exchanges hold misappropriated assets as constructive trustees
- Hong Kong regulator warns of cryptocurrency risks
- Regulation of cryptocurrency pre-ICO funding under English Law
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