by Emma Cleveland | 2019-01-09 | Our Thinking
The Taskforce (consisting of HM Treasury, the Financial Conduct Authority and the Bank of England) was launched by the Chancellor of the Exchequer in March 2018 and since then it has been working on developing its response to the regulatory challenges for use of...
by Emma Cleveland | 2019-01-08 | Industry News
HM Treasury has published a number of draft Statutory Instruments (“the Draft Sis”) including a Temporary Permissions Regime (“TPR“) as a temporary measure to replace the passporting regime in Schedule 3 and 4 of the Financial Services and Markets Act 2000 (“FSMA”) in...
by Emma Cleveland | 2019-01-03 | Industry News
In the recent case of Holyoake and Candy (June 2018), the Court of Justice clarified the interpretation of the penalty rule, and how careful drafting can take a clause outside the scope of the rule. THE PENALTY RULE AND ITS POTENTIAL WIDE APPLICATION TO CONTRACTS...
by Emma Cleveland | 2018-12-18 | Industry News
In Standish (“Standish”) and RBS (“RBS”) [2018], the High Court ruled that an alleged overarching agreement between the parties could not arise by implication. THE FACTS Standish were shareholders in a company which suffered financial difficulties, who were...
by Emma Cleveland | 2018-12-12 | Industry News
In the recent case ofThe Financial Reporting Council Ltd and Sports Direct International Plc [2018], the High Court stated that, when responding to a regulator investigating into the conduct of a regulated entity, the client of a regulated entity could not refuse to...