Jurisdiction

Europe

Cleveland & Co are appointed by Border to Coast to provide external legal support services for Border to Coast Pensions Partnership Limited Alternatives Platform

by Leela|19 February 2021|Industry News

Cleveland & Co Associates Limited (“Cleveland & Co”) has been appointed by Border to Coast Pensions Partnership (“Border to Coast”), one of the largest public sector pension pools in the UK, to provide external legal support services to its Alternatives Platform, which is expected to grow to over £5bn over the next 3 to 5 […]

ESMA Statement: Reverse solicitation regime in the spotlight

by Leela|5 February 2021|Industry News

In the post-Brexit period, UK firms are increasingly relying on the reverse solicitation regime to provide investment services to clients based in the European Union as a consequence of losing their passporting rights. The reverse solicitation regime is established in Article 42 of the Markets in Financial Instruments Directive (“MiFID II“) which allows firms based […]

FCA expectations on remote working oversight and monitoring

by Leela|2 February 2021|Industry News

In its January edition of the monthly Market Watch newsletter, the FCA focused on reiterating its expectations for firms that are required, at all times, to meet their obligations on recording telephone and electronic communications. The issue is particularly sensitive in the current circumstances, where many employees are still working remotely and therefore outside a […]

Case Law: Worked examples – an integral part of the contract

by Leela|27 January 2021|Industry News

In Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm), an inconsistency within the agreement called into question whether the parties should rely on a formula set out in the main body of the agreement or the worked example provided in the annex. FACTUAL BACKGROUND The case involved a dispute […]

Post-Brexit privacy law updates

by Leela|19 January 2021|Industry News

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 […]

Case Law: Indemnities: Recent decisions by the high court

by Leela|15 December 2020|Industry News

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 […]

First decision on reflective loss after Marex

by Leela|25 November 2020|Industry News

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 […]

Force Majeure and MAC clauses in M&A contracts under the pandemic

by Leela|20 November 2020|Industry News

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 […]

FCA publishes indicators of fitness and propriety under the senior managers and certification regime

by Leela|19 November 2020|Industry News

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 […]

Emma Cleveland interview with EISA Director General talking about the Enterprise Investment Scheme

by Leela|5 November 2020|Industry News

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!