by Emma Cleveland | 2018-11-28 | Industry News
The case of First Abu Dhabi Oil Bank (“First Abu Dhabi”) and BP Oil (“BP”) (2018) examines the relationship between a non-assignment clause without the other party’s consent and a warranty in a receivable financing contract specifying that one of the parties is...
by Emma Cleveland | 2018-11-27 | Our Thinking
The Financial Reporting Council has published the final 2018 edition of the Corporate Governance Code and the associated Guidance on Board Effectiveness. The latest edition also includes a feedback statement which contains a detailed comparison between the 2016 and...
by Emma Cleveland | 2018-11-22 | Industry News
In the recent case of Keystone (“Keystone”) and another vs Parr and other (September 2018), the Court found that a director was in breach of his fiduciary duty when he sold his shares to the other shareholders, and then left to set up a competitor company....
by Emma Cleveland | 2018-11-20 | Industry News
In Cunningham and Resourceful Land Ltd and others (August 2018) the High Court upheld a drag along provision, confirming the validity of a shareholders’ sale of his shares in the company. Where several people invest in a company, they often put in place a...
by Emma Cleveland | 2018-11-15 | Our Thinking
We consider in this newsletter, the impact of Brexit on the financial services industry and provide practical steps for firms to take to mitigate their Brexit risk. We also examine the impact of Brexit on commercial contracts more generally as well as intellectual...
by Emma Cleveland | 2018-11-14 | Industry News
In the recent case of Signia Wealth(“Signia”) and Vector Trustees Ltd(“Vector”) [2018], the High Court of Justice ruled that Signia’s bad leaver provision did not breach the penalty doctrine, and was therefore enforceable. THE FACTS The case originated when Ms...
by Emma Cleveland | 2018-11-13 | Industry News
Earlier this week, the UK’s Cryptoassets Taskforce (consisting of HM Treasury, the Financial Conduct Authority (the “FCA”) and the Bank of England) (the “Taskforce”) published its final report, providing an overview of cryptoassets and underlying technology as...
by Emma Cleveland | 2018-11-06 | Industry News
The Privy Council recently upheld a decision that a hedge fund manager had not acted dishonestly or improperly when it failed to accurately describe to its client, the structure of its fund, and the way in which their client’s investments were being leveraged (Al...
by Emma Cleveland | 2018-11-01 | Our Thinking
For 2019, ESMA’s focus will include supervisory convergence work in the area of Prospectus and Securitisation Regulation. The continued implementation of MiFID II and MiFIR will be a point of focus, whilst ESMA will also work on the third-country regime under MiFIR...
by Emma Cleveland | 2018-10-31 | Industry News
A project to enhance the electronic execution of documents came out of the Law Commission’s 13th Programme of Law Reform in January 2018. Subsequently, a consultation paper was published on 21 August 2018 and the Law Commission is requesting feedback on certain...
