Jurisdiction
by Leela|1 February 2019|Industry News
In light of the ongoing uncertainty surrounding the United Kingdom (“UK”) departure from the European Union (“EU”), regulators and institutions on both sides of the channel have taken a range of initiatives in order to counteract the most dramatic consequences of the UK departure from the EU without a withdrawal agreement and implementation period […]
Read moreby Leela|1 February 2019|Awards
We are delighted and very proud to announce that we have won the category for ABS of the Year at the Modern Law Awards 2019! What an honour to be recognised amongst such tough competition in a category that truly embraces our business — committed to innovation and driven by our strategic goals! The Eclipse […]
Read moreby Leela|29 January 2019|Industry News
The Senior Managers and Certification Regime (“SM&CR”) is part of the UK regulators’ drive to improve culture, governance and accountability within financial services firms. It aims to deter misconduct by improving individual accountability and awareness of conduct issues across firms. Banks and PRA-designated investment firms have been subject to the SM&CR since March 2016. On […]
Read moreby Emma Cleveland|17 January 2019|Industry News
In Lonsdale v National Westminster Bank plc (October 2018), the court granted the claimant, Mr Lonsdale, the opportunity to inspect the suspicious activity reports (“SARs”) submitted by his bank, National Westminster Bank PLC (“NatWest”) to the National Crime Agency (the “NCA”) relating to his accounts held with the Bank. THE FACTS Mr Lonsdale held seven accounts […]
Read moreby Emma Cleveland|10 January 2019|Industry News
The high court recently considered the interpretation of an entire agreement clause and excluding claims for misrepresentation in the recent judgement of Fawaz Al-Hasawi (“Mr Al-Hawawi”) and Nottingham Forest Football Club (the “Club”) & Others (2018). An entire agreement clause is a standard term used in contracts to clarify and limit what has been agreed to particular contractual documents […]
Read moreby Emma Cleveland|8 January 2019|Industry News
HM Treasury has published a number of draft Statutory Instruments (“the Draft Sis”) including a Temporary Permissions Regime (“TPR“) as a temporary measure to replace the passporting regime in Schedule 3 and 4 of the Financial Services and Markets Act 2000 (“FSMA”) in the event of a no-deal Brexit. The legislative framework for the TPR […]
Read moreby Emma Cleveland|3 January 2019|Industry News
In the recent case of Holyoake and Candy (June 2018), the Court of Justice clarified the interpretation of the penalty rule, and how careful drafting can take a clause outside the scope of the rule. THE PENALTY RULE AND ITS POTENTIAL WIDE APPLICATION TO CONTRACTS The penalty rule imposes that clauses that are “penalties” are unenforceable […]
Read moreby Emma Cleveland|18 December 2018|Industry News
In Standish (“Standish”) and RBS (“RBS”) [2018], the High Court ruled that an alleged overarching agreement between the parties could not arise by implication. THE FACTS Standish were shareholders in a company which suffered financial difficulties, who were subsequently referred to RBS’s restructuring group, and subject to a process whereby the majority of its shares were transferred […]
Read moreby Emma Cleveland|12 December 2018|Industry News
In the recent case ofThe Financial Reporting Council Ltd and Sports Direct International Plc [2018], the High Court stated that, when responding to a regulator investigating into the conduct of a regulated entity, the client of a regulated entity could not refuse to deliver requested documentation on the grounds of legal privilege. In this circumstance, […]
Read moreby Emma Cleveland|12 December 2018|Awards
We are thrilled to announce we’ve been shortlisted for ABS of the year at the Modern Law Awards 2019!
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