News & Insights

Excluding misrepresentation and entire agreement clauses

by 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 […]

UK crypto-assets and distributed ledger technology taskforce report

by Emma Cleveland|9 January 2019|Our Thinking

The Taskforce (consisting of HM Treasury, the Financial Conduct Authority and the Bank of England) was launched by the Chancellor of the Exchequer in March 2018 and since then it has been working on developing its response to the regulatory challenges for use of crypto-assets and underlying technology on the UK market, summarised in the final report […]

Brexit update: The FCA’s temporary permission regime

by 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 […]

Penalty clauses

by 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 […]

Implied contract claim

by 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 […]

Delivering documents to a regulator – a question of legal privilege

by 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, […]

UK: C&Co shortlisted for Modern Law Award 2019

by 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!

UK: C&Co recognised for gender diversity in the Women in Investment Awards 2018

by Emma Cleveland|4 December 2018|Awards

We are thrilled to announce that we were highly commended at the recent Women in Investment Awards 2018 for our contribution to gender diversity. The judges said: “This company should be applauded for welcoming employees from all backgrounds and also encouraging flexi-working and part-time applicants, as a result 88% workforce are female.” Please click here for full […]

Effect and interpretation of non-assignment clauses

by Emma Cleveland|28 November 2018|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 not prohibited from disposing of the receivable. The case raises issues in relation […]

New FRC Corporate Governance Code

by Emma Cleveland|27 November 2018|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 the 2018 Codes, and a redline which highlights the changes between the consultation versions of the […]