Knowledge
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Russia and Ukraine - issues for pension scheme trustees
Court of Appeal confirms scope of banks' duty to take reasonable care to protect their customers from fraud: Philipp v Barclays Bank UK PLC & Anor [2022] EWCA Civ 318
The Court of Appeal's recent decision sheds significant light on banks' liability for failing to exercise reasonable skill and care in executing the instructions of their customers. Reversing the ruling of the High Court, the Court of Appeal made clear that the "Quincecare duty" arises not only when it is the customer's agent who fraudulently instructs the bank to transfer the customer's money, but can also arise when the customer themselves, as the victim of a fraud, instructs the bank to do so. The Court of Appeal overturned the summary judgment in the bank's favour, and remitted the case to the High Court for trial. The question of what measures the bank should have had in place to prevent a fraud of this kind can only be determined at trial.
In the Pipeline - April 2022
Travers Smith's Sustainability Insights: The EU's sustainability challenge
LMA guidance on application of Sustainability Linked Loan Principles to real estate finance
Liability for lost profits and wasted expenditure: what can you exclude?
Core-Plus Infrastructure and Leveraged Financing: The Continued Convergence of Terms
Travers Smith advises Equistone Partners on its sale of FirstPort
Travers Smith advises Inflexion and other shareholders on £535m sale of Marley Group plc to Marshalls plc
Insights for In-house Counsel - April 2022
Final SFDR regulatory technical standards published
On 6 April 2022, the European Commission published the long-awaited final version of the detailed rules – the Regulatory Technical Standards (RTS) – under the EU Sustainable Finance Disclosure Regulation (SFDR).
Brexit: 1 year on - Episode 6: Dispute Resolution
Changes to right to work checks
All employers must conduct right to work checks to ensure their employees have the right to work lawfully in the UK. Employers who fail to do so face potential fines and, in some cases, criminal liability. Checks must be conducted on recruitment for all employees before the individual starts work. Follow-up checks must also be conducted for employees on visas shortly before the visa is due to end.
Private Equity International: The effect of regulatory change on the fundraising market
Travers Smith advises Brewin Dolphin on its recommended £1.6bn takeover by RBC Wealth Management (1)
Travers Smith advises Brewin Dolphin on its recommended £1.6bn takeover by RBC Wealth Management
How could Solvency II reform affect trustee de-risking agendas?
The Solvency II capital regime (and, since Brexit, its onshored equivalent) affects trustee de-risking agendas both in the short, and longer, term.
Episode 3 - Tax issues relating to non-resident directors
Travelling. Seamlessly. podcast series