Jurisdiction
by Leela|26 March 2020|Industry News
SUMMARY On 18 October 2019, the Financial Stability Board (the “FSB”) issued a note (the “Note”) regarding regulatory issues of stablecoins as part of its Group of 20 (“G20”) mandate. The Note highlights that the development of this type of cryptoasset in particular may alter the G20’s current assessment that cryptoassets do not pose a […]
Read moreby Leela|6 February 2020|Industry News
The case of Guest Services Worldwide Limited (“GSW”) v David Shelmerdine (“Mr S”) [2020], is a rare example of the English court looking at covenants in the specific context of shareholders’ agreements and doing so in light of their interaction with compulsory transfer provisions. This is also the first Court of Appeal decision which addresses […]
Read moreby Leela|29 January 2020|Industry News
London Interbank Offered Rate (“LIBOR”) is an interest-rate average calculated from estimates submitted by the leading banks in London, used in lending between banks on the London interbank market. Over time, LIBOR has been used as a reference for setting the interest rate on other loans and a myriad of other financial products. Following the […]
Read moreby Leela|21 January 2020|Industry News
In November 2019, the UK Jurisdiction Taskforce (the “UKJT”) of the LawTech Delivery Panel of the Law Society issued a legal statement (the “Legal Statement”) on the status of cryptoassets and smart contracts under English and Welsh private law (“English Law”). The aim of the Legal Statement, rather than advising on how the law should […]
Read moreby 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|8 January 2020|Our Thinking
From 10 January 2020 UK cryptoasset businesses carrying on activities within the scope of the UK ML Regulation will need to register with the FCA. Are you ready? Read our latest article for details on the regulatory changes, and what they might mean for your business.
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 […]
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