ESMA proposes amendments to AIFMD and UCITS framework

On August 18, 2020, the European Securities and Markets Authority (“ESMA”) published a letter (the ‘Letter”) addressed to the European Commission (“EC”) on its recommendation for the upcoming review of the Alternative Investment Fund Managers Directive (“AIFMD”). Many...

Court of appeal on reliance of ISDA standard terms

In CFH Clearing Limited v. Merrill Lynch International [2019] EWHC 963 (Comm), the High Court has dealt with the issue of whether or not a bank was obliged to reprice or cancel foreign exchange spot trades entered into at a time of severe market disruption, in...

Supreme Court Rules on reflective loss

In Marex Financial Ltd v Sevilleja [2020] UKSC 31, the Supreme Court has allowed the appeal and fundamentally restricted what has to-date been referred to as the principle against the recovery of reflective loss, effectively overturning a string of previous Court of...

Suspension of liability for wrongful trading

On 26 June 2020, the Corporate Insolvency and Governance Act (the “Act”) entered into force. The Act introduces some very significant reforms to the restructuring and insolvency framework in the UK, and also deals with immediate issues caused by the Covid-19 pandemic....