Our Thinking · Commercial & Corporate · Europe
UK-EU TRADE AGREEMENT ON DATA TRANSFERS The GDPR framework The European Union’s (“EU”) General Data Protection Regulation (“GDPR”), which applies in all EU and European Economic Area (“EEA”) Member States, governs the processing of personal data within the EU. While still a member of the EU and during the transition period after its formal withdrawal […]
Our Thinking · Commercial & Corporate · Europe
2020 has seen numerous important decisions by the High Court (“the Court”) which clarify the law in relation to indemnities. In particular, the Court has confirmed its approach of interpreting indemnity clauses strictly, so as to give effect to the parties’ intentions. As a result, it is crucial to pay attention to the specific wording […]
Our Thinking · Europe
Broadcasting Investment Group Ltd & Ors v Smith & Ors [2020] EWHC 2501 (Ch) (“Broadcasting”), is the first decision to consider the so-called “reflective loss” principle since the Supreme Court’s judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31 (“Marex”) earlier this year. In Broadcasting, the High Court followed the Supreme Court’s judgment and […]
Our Thinking · Investments & Capital Markets · Commercial & Corporate · Europe
OVERVIEW The Covid-19 pandemic and consequent economic downturn have often made it difficult for companies to perform their contractual obligations, from making rent payments to shipping goods across borders. Many have attempted to rely on force majeure clauses to avoid liability. In general, force majeure arises when an event outside the control of the parties […]
Our Thinking · Regulatory & Compliance · Commercial & Corporate · Europe
On 14 August 2020, the Financial Conduct Authority (“FCA”) published indicators to assess fitness and propriety under the Senior Managers & Certification Regime (“SM&CR”), which can be found here. These include positive and negative indicators which build on the previously limited guidance offered by the FCA for solo-regulated firms. Unlike the previous Approved Persons Regime […]
Awards & Press · Europe
Our Managing Director Emma Cleveland was recently interviewed by Mark Brownridge – the Director General of the Enterprise Investment Scheme Association to speak about what the Enterprise Investment Scheme (“EIS”) is and how it works as part of the EISA Masterclass series. Watch the interview here to find out more!
Awards & Press · Regulatory & Compliance · Europe
Carol Dratovsky Goes, Senior Associate at Cleveland & Co was recently quoted in an article, “UK funds fret over new prudential regime” by Ignites Europe talking about the new prudential regime for investment firms (“IFPR”) in the UK and the challenges faced by firms in preparation for its implementation! Check out the article on www.igniteseurope.com
Our Thinking · Commercial & Corporate · Europe
In Signature Living Hotel Ltd v Sulyok [2020] EWHC 257 (Ch), the question arose as to whether two deeds of guarantee were enforceable despite having been invalidly executed as a deed. FACTUAL BACKGROUND The applicant sought finance for its developments by way of investment loans from individuals for which corporate guarantees were given as security. […]
Our Thinking · Commercial & Corporate · Europe
The Brexit transition period will come to an end on 31 December 2020. Once the United Kingdom (“UK”) officially leaves the European Union (“EU”), the UK will become a third country under the law of the European Union. Under EU law, a third country is a country or territory that is not a member of […]
Our Thinking · Public Funds · Private Funds · Regulatory & Compliance · Europe
Since 2017 the Financial Conduct Authority (the “FCA”) has been consulting on various proposals to reduce the potential for harm to investors from the liquidity mismatch in open-ended property funds (i.e. UK authorised funds that invest directly in property such as shops, warehouses or offices). In the FCA’s latest consultation paper (CP20/15) (the “Consultation”), it is […]
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