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by Leela|15 January 2020|Industry News
The Court of Appeal’s judgement in Ark Shipping Company LLC and Silverburn Shipping (IOM) Ltd (The “Arctic”) [2019] sets out clearly the factors that the English courts will take into account in ascertaining whether a term is a condition or an innominate term in a contract. Depending on the classification of the term, varying rights are […]
Read moreby Leela|19 December 2019|Industry News
On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019], which overturned the decision of the Court of Appeal [2017], with regard to the interpretation of the exclusive company law jurisdictional provisions in Article 24(2) of the Regulation (EU) 1215/2012 (the “Brussels I (Recast) Regulation”) The judgment […]
Read moreby Leela|9 December 2019|Industry News
This case is yet another ruling of English courts on competing clauses, and reaffirms the importance of the jurisdiction choices made through standard documentation in financial and derivatives documentation. In October 2008, Trattamento Rifiuti Metropoliani SpA (“TRM”), an Italian company specialised in waste treatment, entered into a financing agreement with a syndicate of banks led […]
Read moreby Leela|3 December 2019|Industry News
SUMMARY The Task Force on Climate-related Financial Disclosures (“TCFD”) was established by the Financial Stability Board in December 2015 to develop a set of voluntary and consistent climate-related disclosure recommendations for use by organisations to provide information to investors, lenders, insurance underwriters and other stakeholders about climate-related financial risks. The TCFD assists organisations in understanding […]
Read moreby Leela|2 December 2019|Industry News
In reference to the case Harlequin Property (SVG) Ltd, (the Plaintiffs) vs O’Halloran (the “Defendant”) [2019] IESC 76, on 1 November 2019, the Supreme Court affirmed the High Court’s finding of fraudulent misrepresentation against the Defendant and dismissed his appeal. BACKGROUND In May 2008, the Plaintiffs, entered into a contract with a group of companies […]
Read moreby Leela|28 November 2019|Industry News
On 18 November 2019, the UK Investment Association (the “IA”), a trade body representing investment and asset management firms in the UK, launched a final report (the “Report”) on the first industry-agreed responsible investment framework with the goal of bringing clarity and consistency to investors regarding the products and opportunities available to them. The IA […]
Read moreby Leela|19 November 2019|Industry News
SUMMARY On 15 November 2019, the first judgement on a shareholder class action in England and Wales was delivered, dismissing a claim brought by a group of Lloyds shareholders against Lloyds TSB plc (“Lloyds”) and five of its former directors relating to an acquisition of HBOS plc (“HBOS”) in 2008. Sharp v Blank [2019] EWHC […]
Read moreby Leela|27 September 2019|Industry News
On 23 September 2019, the Thomas Cook Group plc (“Thomas Cook”), a world-renowned holding travel group, consisting of nineteen companies, entered insolvency as it was approaching the end of its cash flows and therefore unable to pay its liabilities. As a result, the high court issued an order for the group to be compulsorily liquidated. […]
Read moreby Leela|9 September 2019|Industry News
The new Prospectus Regulation (EU) 2017/1129 came into effect on 21 July 2019 (the “Prospectus Regulation”) which repealed and replaced the current Prospectus Directive 2003/71/EC (the “Prospectus Directive”). As a result, new prospectuses approved after 21 July 2019, must follow the new regulations and structures of the Prospectus Directive. THE REGIME The […]
Read moreby Leela|28 August 2019|Industry News
Our Managing Director was recently quoted in an article, “Asset managers face mounting regulatory data costs” by Ignites Europe talking about exponential data costs coupled with the number of licences firms need resulting in increasing costs per year as well as the latest ESMA consultation paper looking into the issue! Check out the article on https://igniteseurope.com
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