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The FCA has published PS22/10, its policy statement on strengthening the financial promotion rules. This sets out feedback to the January 2022 consultation paper, its final rules and final non-handbook Guidance for firms approving financial promotions.
The EU recently revealed its proposal for a new Regulation to combat the use of forced labour in the production of goods. A key aim of this new Regulation is that it will be used alongside other initiatives within both the EU and externally, in order to further eliminate modern day slavery from supply chains.
Surging commodity prices are creating headaches in the tech and automotive sectors, with the cost of key materials such as lithium, cobalt and nickel (key components in electric car batteries) rising following supply chain disruptions associated with Covid and the war in Ukraine.
Welcome to the eighth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.
The High Court has ruled in favour of a spread betting firm that exercised its sole discretion in closing out a client's trading position during a period of significant market volatility.
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.
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 Arbitration Act 1996 (the "Act") provides a framework for arbitration proceedings seated in England and Wales or Northern Ireland. It has played a key role in cementing London's status as a leading seat for commercial arbitrations.
A regular briefing for the alternative asset management industry.
In the recent decision in Pickett v Balkind [2022] EWHC 2226 (TCC), the High Court considered the circumstances in which injunctive relief can be obtained following the mistaken disclosure of privileged documents. The decision provides a useful restatement of the legal principles underpinning privilege in court proceedings.
Partner John Lee has been featured in the Butterworths Journal of International Banking and Financial Law for his article titled, 'The endgame: issues in enforcement against cryptoassets' which considers methods of enforcement against cryptoassets, including the possibility of recovering cryptoassets without the authorisation of the private key.
The long awaited Sequana Supreme Court judgment[1] has provided some welcome clarity around the duties of the directors of a company in the "twilight zone" – i.e. where the company is facing financial difficulties.
While the vast majority of alternative asset managers remain owner-managed, in recent years a growing number of GPs have pursued IPOs, equity and debt solutions from external investors, and even outright sales. With such M&A activity in the private funds space initiated by a wide range of drivers – including generational shifts, liquidity requirements or the need for expansion capital – the complexities of executing deals to achieve optimal outcomes cannot be downplayed.
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.
Employers are required to check that all employees have the right to work lawfully in the UK. The rules on how to conduct these checks are changing from 1 October 2022, and employers should review their right to work policies and procedures in the light of these changes.
"The new system is working", according to the UK Government's inaugural report on the operation of the National Security & Investment Act 2021 ("NSI Act") published in June 2022. That report covered the first 3 months of the new regime (4 January to 31 March 2022), noting that 222 notifications had been received across the whole range of sectors.
A regular briefing for the alternative asset management industry.
Mini Budget 2022
In today's (23 September 2022) mini-budget what are the key announcements for HR and employment law?