by Emma Cleveland|22 August 2018|Our Thinking
On 4 July 2018, the FCA published, in their latest policy statement (PS18/14), its feedback on consultation paper CP 17/25 and near final rules on how the Senior Managers & Certification Regime (“SMCR”) will be applied to all FCA regulated firms and the steps such firms will need to take to comply. The purpose of SMCR […]
Read moreby Emma Cleveland|22 August 2018|Our News
We are looking to expand our team and have three exciting opportunities: US qualified lawyer UK qualified lawyer (dual-qualification preferred, but not essential) Australian qualified lawyer Experience We are looking for candidates with in-house experience and an excellent knowledge of at least three of the following: investment advisory agreements; trading documentation; custody; administration; mutual funds; private […]
Read moreby Emma Cleveland|2 August 2018|Industry News
On 28 June 2018, the Prudential Regulations Authority (“PRA”) published a Dear CEO letter (the “Letter”) sent by its CEO, Sam Woods, to the CEOs of banks, insurance companies and designated investment firms to remind them of the relevant obligations under PRA rules, and to communicate the PRA’s expectations regarding firms’ exposure to crypto-assets. SUMMARY […]
Read moreby Emma Cleveland|26 July 2018|Industry News
On 27 June 2018 the Bank of England (the “BofE”) issued its approach (the “Approach”) to financial services legislation in preparation for Brexit. The Approach was released alongside a statement by the FCA in response to HM Treasury’s approach to financial services legislation under the European Union (Withdrawal) Act (the “Act”). The Approach sets out […]
Read moreby Emma Cleveland|26 July 2018|Industry News
On 27 June 2018 the FCA issued a statement (the “Statement”) about its role in preparing for Brexit. The Statement is in response to the announcement from HM Treasury on its approach to amending financial services legislation under the European Union (Withdrawal) Act (the “Act”), which can be found here. The Statement provides stakeholders with […]
Read moreby Emma Cleveland|18 July 2018|Industry News
The Supreme Court recently confirmed in Rock Advertising (“Rock”) v MWB Business Exchange (“MWB”) that a contract containing a clause requiring amendments to be made in writing (otherwise known as a “no oral variations clause”) can validly prohibit any subsequent oral variations, restoring the previous County Court judgement which had been overruled by the Court […]
Read moreby Emma Cleveland|17 July 2018|Awards
We are very proud to announce that Emma has been shortlisted for a Women in Finance Award in the category Legal Adviser of the Year!
Read moreby Emma Cleveland|4 July 2018|Industry News
The High Court has held that a supplier under a contract was not able to claim for loss of profits that arose when the other party to the contract repudiated it by refusing to carry on its obligations.[1]The claim arose out of outstanding invoices owed by the defendant (“FCAA”) to the claimant (“Motortrak”) under a […]
Read moreby Emma Cleveland|26 June 2018|Industry News
In the recent case of AMT Futures (the “claimants”) v Boural & Ors[1]and others (the “defendants”), the High Court has given clarification on the continuing nature of obligations under an exclusive jurisdiction clause and the limitation period applicable in respect of claims for breach of such obligations. This is considered to be the first judgement giving […]
Read moreby Emma Cleveland|7 June 2018|Industry News
Earlier this year, the FCA set out its ‘Approach to Supervision’ and ‘Approach to Enforcement’ (the “Documents”) to provide more clarity and detail around the FCA’s approach to regulating authorised firms. The Documents are part of a series planned by the FCA following on from the launch of their new mission statement in November 2016, in […]
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