Our Thinking · Investments & Capital Markets · Commercial & Corporate · Europe

UCTA and standard terms of business – case law update

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 […]

Emma Cleveland21 March 2018

Our Thinking · Regulatory & Compliance · Commercial & Corporate · Europe

GDPR joint statement by the ICO and the FCA

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 […]

Emma Cleveland23 February 2018

Our Thinking · Investments & Capital Markets · Regulatory & Compliance · Europe

FCA Announcement on Physically Settled FX Forwards

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 […]

Leela11 December 2017

Our Thinking · Investments & Capital Markets · Regulatory & Compliance · Europe

European Supervisory Authorities Statement on Physically Settled FX Forwards

Whilst derivatives market players are running at full throttle to implement all measures required under the European Market Infrastructure Regulation (“EMIR”) in advance of the next regulatory deadline which will require the collateralisation of physically settled foreign exchange (“FX”) forwards as from 3 January 2018 (“FX Deadline”), the European Supervisory Authorities (“ESAs”), regulators and firms […]

Leela30 November 2017

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