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This update provides a brief overview of some notable events that have occurred in recent weeks, including the UK Government's increasing ability to target activities considered to be problematic from a circumventing Russian sanctions perspective.
A regular briefing for the alternative asset management industry.
The UK Government is proposing greater regulatory oversight of financial services outsourcings involving "Critical Third Parties" (CTPs). If implemented, these changes will result in CTPs – some of which may not regard themselves as part of the finance sector - being regulated directly by financial services supervisory authorities. This would represent a major shift in approach.
Find the latest news, views and our analysis of all the key announcements.
The FCA has published PS22/10, its policy statement on strengthening the financial promotion rules. This sets out feedback to the January 2022 consultation paper, its final rules and final non-handbook Guidance for firms approving financial promotions.
The EU recently revealed its proposal for a new Regulation to combat the use of forced labour in the production of goods. A key aim of this new Regulation is that it will be used alongside other initiatives within both the EU and externally, in order to further eliminate modern day slavery from supply chains.
Surging commodity prices are creating headaches in the tech and automotive sectors, with the cost of key materials such as lithium, cobalt and nickel (key components in electric car batteries) rising following supply chain disruptions associated with Covid and the war in Ukraine.
Welcome to the eighth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.
The High Court has ruled in favour of a spread betting firm that exercised its sole discretion in closing out a client's trading position during a period of significant market volatility.
The Government has published legislation giving it wide-ranging powers to revoke or reform retained EU law. Among other things, it includes a proposal for the majority of retained EU legislation to expire at the end of 2023, unless expressly preserved in some form.
On 27 September 2022, the English High Court granted summary judgment and declaratory relief in favour of the bank Dexia Crediop SpA ("Dexia") on a number of issues arising in its claim against the Italian province of Pesaro e Urbino ("Pesaro"). In bringing its claim, Dexia has sought declarations regarding the validity and enforceability of interest rate swaps executed between the parties in 2003 and 2005.
The Arbitration Act 1996 (the "Act") provides a framework for arbitration proceedings seated in England and Wales or Northern Ireland. It has played a key role in cementing London's status as a leading seat for commercial arbitrations.
A regular briefing for the alternative asset management industry.
In the recent decision in Pickett v Balkind [2022] EWHC 2226 (TCC), the High Court considered the circumstances in which injunctive relief can be obtained following the mistaken disclosure of privileged documents. The decision provides a useful restatement of the legal principles underpinning privilege in court proceedings.
Partner John Lee has been featured in the Butterworths Journal of International Banking and Financial Law for his article titled, 'The endgame: issues in enforcement against cryptoassets' which considers methods of enforcement against cryptoassets, including the possibility of recovering cryptoassets without the authorisation of the private key.
The long awaited Sequana Supreme Court judgment[1] has provided some welcome clarity around the duties of the directors of a company in the "twilight zone" – i.e. where the company is facing financial difficulties.
The UK's departure from the European Union has not led to all EU-derived law being jettisoned; on the contrary, a significant proportion of it has been kept and the UK now has a new category of "retained EU law". This briefing explains what retained EU law is and why it's important.
While the vast majority of alternative asset managers remain owner-managed, in recent years a growing number of GPs have pursued IPOs, equity and debt solutions from external investors, and even outright sales. With such M&A activity in the private funds space initiated by a wide range of drivers – including generational shifts, liquidity requirements or the need for expansion capital – the complexities of executing deals to achieve optimal outcomes cannot be downplayed.