by Leela | 2020-11-25 | Industry News
Broadcasting Investment Group Ltd & Ors v Smith & Ors [2020] EWHC 2501 (Ch) (“Broadcasting”), is the first decision to consider the so-called “reflective loss” principle since the Supreme Court’s judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31...
by Leela | 2020-11-20 | Industry News
OVERVIEW The Covid-19 pandemic and consequent economic downturn have often made it difficult for companies to perform their contractual obligations, from making rent payments to shipping goods across borders. Many have attempted to rely on force majeure clauses to...
by Leela | 2020-11-19 | Industry News
On 14 August 2020, the Financial Conduct Authority (“FCA”) published indicators to assess fitness and propriety under the Senior Managers & Certification Regime (“SM&CR”), which can be found here. These include positive and negative indicators which build on...
by Leela | 2020-11-05 | Industry News
Our Managing Director Emma Cleveland was recently interviewed by Mark Brownridge – the Director General of the Enterprise Investment Scheme Association to speak about what the Enterprise Investment Scheme (“EIS”) is and how it works as part of the...
by Leela | 2020-11-04 | Industry News, Us in the Press
Carol Dratovsky Goes, Senior Associate at Cleveland & Co was recently quoted in an article, “UK funds fret over new prudential regime” by Ignites Europe talking about the new prudential regime for investment firms (“IFPR”) in the UK and the...
by Leela | 2020-10-27 | Industry News
In Signature Living Hotel Ltd v Sulyok [2020] EWHC 257 (Ch), the question arose as to whether two deeds of guarantee were enforceable despite having been invalidly executed as a deed. FACTUAL BACKGROUND The applicant sought finance for its developments by way of...
by Leela | 2020-10-19 | Industry News
The Brexit transition period will come to an end on 31 December 2020. Once the United Kingdom (“UK”) officially leaves the European Union (“EU”), the UK will become a third country under the law of the European Union. Under EU law, a third country is a country or...
by Leela | 2020-10-16 | Industry News
Since 2017 the Financial Conduct Authority (the “FCA”) has been consulting on various proposals to reduce the potential for harm to investors from the liquidity mismatch in open-ended property funds (i.e. UK authorised funds that invest directly in property such...
by Leela | 2020-10-14 | Industry News
The Commercial Court has granted declaratory relief concerning a bank’s rights under an interest rate hedging governed by the 1992 ISDA Master Agreement in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2020]. FACTUAL BACKGROUND In October 2008, Trattamento...
by Leela | 2020-10-01 | Industry News
The new Investment Firms Prudential Regime will affect a significant number of investments firms in the United Kingdom requiring changes to key areas of their business. Want to understand the key points of the IFPR and how you should be preparing for its...
