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JIBFL: Rated subscription lines: bringing fund governing documents and finance documents into focus

This article was first published in the May 2024 issue of Butterworths Journal of International Banking and Financial Law.

In this In Practice article we will explore the benefits of obtaining a rating for a subscription facility. By reference to ratings criteria announced by the main agencies, we will explore how the limited partnership agreement, side letters and the related finance documentation are analysed to arrive at a rating.

B2C contracts and clickwrap terms: the £1 million lottery case and what you can learn from it

A recent dispute over whether a consumer had won £1 million in an online game has some important lessons for B2C businesses and their online terms and conditions, particularly when errors or software glitches occur. Ariana Shaw, a trainee in our Technology & Commercial Transactions team, provides a visual guide to the case, which involved the former National Lottery operator Camelot.

ESMA Guidelines on Fund Names

The European Securities and Markets Authority (ESMA) has published its final guidelines on fund names using ESG or sustainability-related terms (Guidelines). The Guidelines are primarily motivated the ESMA's desire to combat greenwashing and are intended to specify the circumstances where the fund names using ESG or sustainability related terms are unfair, unclear or misleading.

EuroChem and Zephyrus: Recent cases test limits of exclusive jurisdiction clauses

Two recent High Court decisions illustrate the approach of the English courts to the construction of clauses arguably conferring exclusive jurisdiction for disputes on foreign courts. The High Court concluded that it should override the exclusive jurisdiction clause in Zephyrus but it would not have been prepared to do so in EuroChem. In each case, the High Court ultimately concluded that it had jurisdiction in relation to the parties' dispute.

Fund Finance Update: FFA European Symposium 2024

On 2 May 2024, the Fund Finance Association hosted its 8th Annual European Fund Finance Symposium at the Queen Elizabeth II Conference Centre in London, bringing together participants from all corners of the fund finance community including GPs and fund managers, lenders, rating agencies, lawyers, and other advisers for a busy day of education and networking. Travers Smith was proud to once again be a Platinum sponsor, and our sincere thanks to the Fund Finance Association and all involved for their efforts in organising another fantastic Symposium.

Biodiversity net gain FAQs

Since February 2024, most new planning permissions in England have been subject to a pre-commencement condition requiring a 'biodiversity gain plan' for the development. In this section of the Spring Briefing, we answer some frequently-asked questions about the new regime.

Real Estate Tax and the Spring Budget

The biggest surprise in the Spring Budget was perhaps the raucous reaction given by the House to a fairly muted set of tax proposals. Perhaps it was the whiff of an election in the air that was the cause of excitement, so much so that the Deputy Speaker had to frequently intervene instructing all sides of the chamber to "shout more quietly".

The Renters (Reform) Bill

The proposals in the Renters (Reform) Bill, which were first set out in the 2022 fairer private rented sector white paper, are intended to implement many of the proposals for improving the private rental sector ("PRS") for renters contained in the Government's 2017 white paper "Fixing our broken housing market". This includes the introduction of minimum standards for housing in the PRS, and the abolition of both the section 21 method of obtaining vacant possession and the assured shorthold tenancy.

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