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Welcome to our latest investigations newsletter, bringing you up-to-speed on the latest trends and developments in this ever-evolving area.

Competition authorities across the globe have, like the vast majority of organisations, been investing significantly in building their understanding of AI and the potential competition and consumer law impacts of its development and use.

On 25 July 2024 the Institutional Limited Partners Association ("ILPA"), the trade body for institutional limited partners in the private equity industry, issued its much anticipated Guidance for Limited Partners and General Partners in respect of NAV-based facilities (the "Guidance").

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As part of today's statement by the Chancellor on public spending pressures, the government has made several announcements relating to tax. These include measures relating to carried interest taxation and reform of the current tax regime for UK resident but non-domiciled individuals ("non-doms").

A regular briefing for the alternative asset management industry. 

Welcome to the first of our series on what is new and what to do next for listed companies, in which we intend to cover the key legal developments relevant to listed companies each quarter.  If you would like to discuss any of these updates, please feel free to get in touch with any of the contacts listed at the end of this briefing.

The Financial Conduct Authority (FCA) has published the results of its multi-firm review on how firms treat politically exposed persons (PEPs) when carrying out anti-money laundering checks.

Background

A series of cases have been working their way through the UK courts in which HMRC has sought to apply the tax charge for "miscellaneous income" to variants of a remuneration planning scheme used by fund managers.  In December last year the Court of Appeal, in BlueCrest Capital Management LP and others, upheld HMRC's view in relation to one iteration of the relevant arrangements, and that court has now considered another in HMRC v HFFX LLP and others.

The Court of Appeal has given its judgment in the Virgin Media case.  This litigation concerns the validity of a rule amendment affecting benefits in a DB contracted-out scheme which was made without obtaining the actuary's written confirmation as required by section 37 of the Pension Schemes Act 1993.

Welcome to the latest edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last few months.

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

In this article Knowledge Counsel James Bell looks at issues to consider when protecting the guarantor’s position in finance transactions (or indeed other commercial transactions) and how that might be negotiated.

Recent developments suggested that prosecutions under the so-called French Blocking Statute (the "FBS") would become more likely.  But a High Court decision has followed the old authorities in deciding that – even where a party has letters from the relevant French authority indicating that they may be in breach of the FBS – disclosure would be ordered in the English courts via normal civil procedure, without recourse to the Hague Convention. 

A regular briefing for the alternative asset management industry. 

The Corporate Sustainability Due Diligence Directive ("CS3D") was finally published on 5 July 2024, concluding a long and unprecedentedly turbulent legislative process. Businesses now have the certainty they need to start assessing whether they are in scope, and if so, what they need to do to comply with the demanding due diligence obligations under the law, and by when.

In this edition, we look at what a Labour Government could mean for investors in and operators of UK infrastructure.  We also provide an update on disclosure rules for corporates, greenwashing rules for funds and a range of other topics, from EV charging, housing and planning through to tax and expiry of PFI/PPP deals. Please get in touch if you'd like to discuss any of the issues discussed below.

Today the FCA has published the final version of its new listing rules and confirmed that the revised rulebook will take effect on 29 July 2024.

We wrote previously about the UK Competition and Markets Authority's (CMA's) order for the Cérélia/Jus-Rol deal to be unwound, highlighting the material risks of opting not to engage with the CMA in relation to M&A activity in the UK. 

The legislation setting out the EU's revised anti-money laundering regime has been published in the Official Journal.