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Asset Management Tax Checklist

Whilst the Covid-19 pandemic and continuing uncertainty over the nature of the UK’s relationship with the EU post-Brexit have dominated the political and economic agenda in recent times, there have been a number of important tax developments that asset managers should have on their radar as we approach the end of 2020.

A Question of Purpose: Litigation Privilege and The Financial Reporting Council Ltd v Frasers Group Plc

The recent decision of the High Court in The Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWCH 2607 (Ch) reinforces the principle that, even where litigation is reasonably within contemplation at the time, a communication or document will only be protected by litigation privilege where it has been prepared for the sole or dominant purpose of litigation. 

Exporting Dual-Use items to EU Member States from the UK: The new rules

On 16 October 2020, the UK’s Export Control Joint Unit ("ECJU") issued a timely reminder to UK businesses that an Open General Export Licence ("OGEL") will be required where a business is exporting dual-use items, as set out in Annex 1 of EU Regulation 428/2009 (the "Dual-use Regulations"), to any EU member state, and the Channel Islands, from 1 January 2021.

Distressed M&A: Unlocking value in difficult situations

Distressed M&A toolkit

COVID-19 and the resulting economic instability will have an adverse effect on some businesses for months, and potentially years, to come. For private equity investors and other financial sponsors, this will create opportunities to acquire good assets (which may be in need of short/medium term financial support) at attractive valuations.

Retained EU case law: Court of Appeal to be allowed to diverge

The Government has published draft legislation extending the ability to diverge from retained EU case law to the Court of Appeal and other courts at the same level (in addition to the Supreme Court).  It had also been considering allowing the High Court and other courts at the same level to diverge, but this option is not being pursued. How significant is this change likely to be in practice?

New Improved Job Support Scheme

The Chancellor has today announced increased support for employers under the new Job Support Scheme (JSS). The Government subsidy available under the JSS has been more than doubled while the contribution required from employers has been significantly reduced. 

Travers Smith advises Benson Elliot Capital Management LLP on its sale to PineBridge Investments Holdings Europe Limited

Travers Smith LLP has advised the partners of Benson Elliot Capital Management LLP (Benson Elliot), a leading UK-based private equity real estate fund manager and longstanding client of the firm, on the sale of Benson Elliot to PineBridge Investments Holdings Europe Limited (PineBridge), a private global asset manager. Completion of the transaction is subject to various customary regulatory approvals.

BITs and the post-Brexit investment landscape

Bilateral Investment Treaties, or BITs, are an important part of the international investment landscape. In this briefing, we look at what BITs are and whether Brexit will make it more attractive to structure investments in certain EU member states through the UK in order to take advantage of BIT protection.

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