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JIBFL: What can a borrower do when a lender fails to fund?

In their recent "In Practice" article, What can a borrower do when a lender fails to fund?, Donald Lowe and James Bell examine market standard provisions designed to mitigate the risk posed by so called "Defaulting Lenders" and explore the options for a Borrower faced with a Lender that is unable to honour its lending commitments. This article was first published in the May 2023 issue of Butterworths Journal of International Banking and Financial Law.

Cost plus and open book pricing: what to watch out for

In an environment where costs are increasingly unpredictable and escalating, pricing mechanisms based on  cost plus a margin may seem an attractive option, at least for suppliers. But as we explain below, there are a number of pitfalls for the unwary – and it's vital to build in appropriate contractual protections.

Changes to the Save As You Earn (SAYE) Bonus Rate calculation for invitations issued on or after 18 August

HMRC have announced that the mechanism for calculating bonus rates for SAYE participants will change from August which is expected to result in a bonus being provided to new participants for the first time in nearly 10 years. If you are thinking of adopting a new SAYE plan or planning to issue invitations under your existing plan over the summer, this announcement could have an impact on your timetable and is something you should discuss with your legal advisers and savings provider.  

Pensions De-risking

We are pleased to present the first edition of "Pensions De-risking", our periodical update on developments in the pensions de-risking marketplace. This first edition includes topical content on illiquid investments in the context of de-risking activity and links to other Travers Smith content on the increasingly recurring theme of pension scheme surpluses.

Meta hit with record €1.2 billion fine for data transfers to the US

Ireland's Data Protection Commission (DPC) has published its decision following its inquiry into Meta Platforms Ireland's transfer of personal data from the EU/EEA to the US for Meta's Facebook service. The corrective steps it has ordered and €1.2 billion fine, the largest ever issued under GDPR, are a substantial, albeit expected, blow for Meta.

Getting ready for pensions dashboards

In this "Getting ready for pensions dashboards" series (recorded in February 2023), we discuss what actions schemes need to take to prepare for pensions dashboards.

London calling - reform of UK capital markets

Now that the FCA has published its proposals for a radical overhaul of the listing regime, we take stock of the wider package of reforms affecting the UK listing, prospectus and secondary fundraising regimes. The reforms are aimed at making London a more attractive and trusted place to list and at striking a balance between achieving transparency and market integrity, whilst removing some of the complexities and key frictions that are often seen as too burdensome.

Court of Appeal upholds decision that tax silk advising investment scheme promoter owed no duty of care to investors: McClean & Ors v Andrew Thornhill [2023] EWCA Civ 446

In its recent decision in McClean & Ors v Thornhill, the Court of Appeal found that a leading tax silk appointed to advise the promoter of three tax avoidance schemes did not owe a duty of care to investors, notwithstanding that the silk had consented to his advice being shared with the investors. The decision provides useful guidance as to the circumstances in which professionals, particularly legal professionals, may be found to have adopted a duty of care to prospective claimants by whom they have not been directly instructed.

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