Knowledge

Our knowledge resources reflect the breadth and depth of our expertise, our insight into the issues which matter to your business, and our understanding of the markets in which you operate.

Knowledge

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What happens when a Lender fails to fund?

In this briefing we explore the risk that a lender might renege (voluntarily or involuntarily) on its funding commitments. We touch on the different types of lender entities in the market currently and examine why there are often different reasons behind such a failure to fund.

Issues in crypto insolvency

In this podcast Jonathan Gilmour, Peter Hughes, John Lee and Adam Schnider consider the implications of the recent collapse of cryptocurrency exchange FTX. They discuss some of the key issues that could arise from the insolvency of FTX or other crypto investment firms more generally, including priority of claims, proprietary rights in crypto-assets, tracing and recovery of crypto-assets, and cross-border insolvency issues.

University of Dundee v Chakraborty: can a non-privileged document retrospectively acquire privileged status?

In the recent decision of University of Dundee v Chakraborty [2022] EAT 150, the Employment Appeal Tribunal (EAT) considered whether a report, which had at an earlier stage of proceedings been non-privileged, could acquire privileged status following the incorporation of legal advice by solicitors. The case provides a helpful restatement of the rules relating to legal advice and litigation privilege.

The Retained EU Law Bill: another Brexit cliff edge looms?

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.

Summary judgment granted in latest Italian swaps case

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 SRA adds its weight to the growing discourse around so-called "SLAPPs"

The Solicitors Regulation Authority ("SRA") is the latest organisation to indicate that it is looking to curb the use of so-called Strategic Lawsuits Against Public Participation ("SLAPPs") in England & Wales. This proposed intervention follows the recently proposed interventions by both the Ministry of Justice and, from a European perspective, the European Commission. 

Release of the white elephant? Court of Appeal opens the door to £5bn multi-jurisdictional group litigation

On 8 July 2022, the Court of Appeal handed down its long-awaited judgment in the Municipio De Mariana group litigation claim, granting permission for some 200,000 Brazilian claimants to pursue in the UK their group action for damages caused by the collapse of the Fundão Dam in Brazil in 2015.

Brexit vs cost of living: a key challenge for UK's new PM

Whether it's the Northern Ireland Protocol or what to do about retained EU law, numerous Brexit-related issues continue to lurk in the new Prime Minister's in-tray. A key challenge will be how and where to strike the balance between the urgent need for measures to tackle the cost of living crisis and political pressure for action on Brexit-related issues raised during the leadership campaign. 

The Court of Appeal confirms a single correct test for granting a case management stay

In a case involving an exclusive jurisdiction clause for the English courts and parallel criminal proceedings in the Vatican, the Court of Appeal has confirmed that there is a single correct test for granting a case management stay. The relevant question for the Court is "whether in the particular circumstances it is in the interests of justice for a case management stay to be granted".

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