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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.

COP27 and climate finance: Bridging the gap

With COP27 starting earlier this week, all eyes remain on what progress governments and international organisations are able to make to meet climate critical finance targets. Climate finance is a major issue at COP27, as it has been since developed countries initially agreed to mobilise $100 billion per year at COP15 in 2009 by 2020 (later extended to 2025). However, this annual target has never been met.

Disapplication of pre-emption rights: Back to the future

On 4 November 2022, the Pre-Emption Group published a revised Statement of Principles for the disapplication of pre-emption rights (the "Statement"), together with new template resolutions. The Statement, which has been updated for the first time since 2015, has immediate effect in line with the recommendations of the UK Secondary Capital Raising Review (the "Recommendations") published in July.

Liability-driven investment (LDI) – Reflections on the mini-budget and the road ahead

The rise in gilt yields following Kwasi Kwarteng's "mini-budget" announced on 23 September 2022 led to the Bank of England stepping in to stabilise the market - primarily to protect UK defined benefit (DB) pension schemes from the impact of the volatility which arose immediately afterwards. Here we outline what happened and some of the potential longer-term impact for schemes pursuing liability-driven investment (LDI) strategies.

Balancing economic growth and environmental protection - the government's new energy dilemma

The UK's Prime Minister may have changed but the Growth Plan unveiled in September remains in place - at least for now. Armed with new powers to repeal and replace EU law under the so-called Brexit Freedoms Bill, the Plan appears to envisage an ambitious programme of regulatory reform.

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