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Looking to the Future: the new Financial Services and Markets Bill

The UK Government has published its much anticipated Financial Services and Markets Bill (the Bill),  previously touted by the former Chancellor as "Big Bang 2.0". The Bill as introduced may or may not be that, but it certainly includes a large number of substantial measures that will effect a major overhaul of the UK's regulatory framework for financial services. 

Final Orders: Are they final?

In AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16 the Supreme Court has re-stated the principles to be applied when a judge is asked to revisit a judgment or final order before it has been sealed by the Court, where there has been a change in relevant circumstances in the meantime. 

10 frequently-asked-questions about the Economic Crime (Transparency and Enforcement) Act 2022 and the Register of Overseas Entities

Since the Government introduced the Economic Crime (Transparency and Enforcement) Act 2022 (the "Act") in March this year, there has been uncertainty as to how overseas entities (or those who deal with them) should prepare for the introduction of the new Overseas Entities Register (the "Register").  Some of those questions have now been answered, as we explain below.

Sanctions Update: UK's Office of Financial Sanctions Implementation sets out new enforcement guidance in advance of enhanced powers coming into force

On 15 March 2022, the UK's new Economic Crime (Transparency and Enforcement) Act (the "ECA") received Royal Assent. The legislation contained a number of important provisions, including the introduction of a new 'Register of Overseas Entities' and reforms to unexplained wealth orders.

EU draft Data Act - proposed rules for accessing and sharing data

The European Commission published a draft Data Act on 23 February 2022 ("Data Act"), as part of the implementation of its February 2020 strategy for data. This proposed regulation, which will have direct effect in members states, is intended to set standards at an EU-wide level to facilitate and create a fairer, more competitive digital environment for the sharing and re-use of data (both personal and non-personal). This briefing looks at who the Data Act impacts, what it does and how it fits into the EU's vision for a single European market for data.

Russia and Ukraine - issues for pension scheme trustees

The Russian invasion of Ukraine presents issues for pension scheme trustees to consider. Alongside clear implications regarding investments and the need to comply with sanctions, these may include questions about covenant, funding, cyber security and scam risks.

This briefing addresses the issues most likely to arise, some of which are also noted by the Pensions Regulator in its guidance.

Sustainability and competition law: EU and UK partial 'green' light

With COP 26 still fresh in the memories of lawmakers, and both the European Green Deal and UK Government's 'Net Zero Strategy' setting the goal of being climate-neutral by 2050, it is no surprise that competition law is having to examine its interaction with the environmental, social and governance (ESG) agenda.

Suppipat v Siam Bank: privilege across jurisdictions

"It does not follow that documents obtained lawfully in one jurisdiction are available for use in litigation in another."  The High Court confirms in Suppipat v Siam Bank [2022] EWHC 381 (Comm) that, where documents obtained in litigation outside the jurisdiction are proposed to be put in use by a party to English proceedings, English law, as the lex fori, will determine the questions of loss of privilege and confidentiality.

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