Our Thinking · Commercial & Corporate
Our key cases glance card contains practical take away points and drafting tips from some of the most notable cases of 2017 in regards to commercial contracts. Please click below to access it:
Our Thinking · Investments & Capital Markets · Commercial & Corporate · Europe
UCTA Under the Unfair Contract Terms Act 1977 (“UCTA”), when a party to a business to business (“B2B”) contract deals on its“written standard terms of business”, any term which seeks to limit or exclude that party’s liability for breach of contract, non-performance or performance substantially different from that reasonably expected, must pass the test of […]
Our Thinking · Public Funds · Regulatory & Compliance
The International Organization of Securities Commissions has published two final reports: Recommendations for liquidity risk management (“LRM”) for Collective Investment Schemes (“CIS”); and Open-ended Fund Liquidity and Risk Management – Good Practices and Issues for Consideration. These contain recommendations that: seek to improve LRM practices of open-ended CIS as part of its mission to protect investors, […]
Our Thinking · Commercial & Corporate
On 30 January 2018, the Court of Appeal provided important guidance on the interpretations of exclusion clauses in the case of fraud in Interactive E-Solutions v O3B [2018] EWCA Civ 62. This case shows the Court’s changing approach towards exclusion clauses, with the acceptance that such clauses are an integral part of pricing and risk allocation […]
Our Thinking · Commercial & Corporate
The Court of Appeal in the Kason Kek-Gardner Ltd v Process Components Ltd [2017] EWCA Civ 2132 assessed and made a decision regarding the business efficacy test for implying a term in the context of an alleged breach of confidentiality provisions in an intellectual property licence. Please click below for more information.
Our Thinking · Regulatory & Compliance · Europe
The Financial Conduct Authority (“FCA”) has published a call for feedback on a possible global regulatory sandbox, seeking views on: the potential global reach of the sandbox, what a global sandbox could look like and what the regulatory challenges might be. GLOBAL SANDBOX The FCA, alongside other regulators in other jurisdictions, wish to create the […]
Our Thinking · Regulatory & Compliance · Commercial & Corporate · Europe
On 8 February 2018, the Information Commissioner’s Office (“ICO”) and the Financial Conduct Authority (“FCA”) issued a joint statement on the General Data Protection Regulation (“GDPR”), which will come to force on 25 May 2018 (the “Relevant Date”). The statement is the result of firms’ addressing their concerns to both the ICO and the FCA […]
Our Thinking · Commercial & Corporate
With a current valuation of £6.6 billion, the UK FinTech market is rapidly transforming the way consumers access the financial services sector. To ensure long-term success, the UK aims to position itself at the forefront of the FinTech evolution. In November 2017, TheCityUK published a guide (the “Guide”) to partnering between FinTechs (primarily start-ups) and […]
Our Thinking · Commercial & Corporate
On 30 October 2017, the High Court (the “Court”) assessed and made a decision regarding contracts via email and the care that must be taken when entering pre-contract negotiations. Goel and another v Grant and another [2017] EWHC 2688 (Ch) (the “Goel Case”) identified the risk of inadvertently entering into a binding contract before terms are finalised. […]
Our Thinking · Investments & Capital Markets · Regulatory & Compliance · Europe
On 24 November 2017, the Joint Committee of the European Supervisory Authorities (the “Committee”) issued a statement (the “ESAs Statement”) acknowledging the challenges of the requirement under the European Market Infrastructure Regulation (“EMIR”) to collateralise physically settled foreign exchange (“FX”) forwards, faced by certain end-users of these types of derivatives.[1] The ESAs Statement also sets […]
When regulation shifts, our General Counsel set out what has changed for your firm and the steps we recommend you take.
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