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!
Read moreNews & Insights
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 […]
Read moreEffect 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 […]
Read moreNew 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 […]
Read moreFiduciary duties
by Emma Cleveland|22 November 2018|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. Furthermore, his actions triggered the bad leaver provisions in the […]
Read moreCourt upholds drag along provisions
by Emma Cleveland|20 November 2018|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 shareholder’s agreement to regulate their relationship. Provided that such an agreement is drafted […]
Read moreBrexit: impact on financial services
by Emma Cleveland|15 November 2018|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 property. For more information or further guidance on Brexit and its impact […]
Read moreBad leaver provisions
by Emma Cleveland|14 November 2018|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 Dauriac, managing director of Signia, following an already deteriorated relationship with the founder of Signia, […]
Read moreUK Cryptoassets taskforce publishes final report
by Emma Cleveland|13 November 2018|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 well as an assessment of the risks and benefits of such assets and the path forward for UK […]
Read moreHedge funds and leveraging: Court finds in favour of investment manager
by Emma Cleveland|6 November 2018|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 Sadik v Investcor Bank [2018](“Investcorp”). FACTS In March 2018, at the […]
Read more