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NAV and Holdco back leverage facilities: balancing stakeholder interests to maximise value creation
The rapid evolution of fund finance has propelled Net Asset Value and Holdco back leverage facilities (that is, facilities in which one or more holding companies below the fund enter the financing) to the forefront of liquidity and portfolio management for funds across asset classes. These facilities, which allow funds to borrow against the value of their underlying investments, have become increasingly sophisticated and prevalent. As the market matures, both limited partners and lenders are sharpening their focus on transparency, risk management and enforceability. This article explores the practical realities of collateral enforcement, the legal guardrails being adopted, and the value these facilities can unlock; balancing the perspectives and interests of limited partners, general partners, and lenders.
10 January 2026Fallout: the current cycle of post-M&A disputes
Despite confidence that the deal market is more buoyant than in recent years, the overall environment remains complex and demanding. Deals are reportedly more complex and time-consuming to negotiate, post-completion issues are said to arise more frequently, and these features are often attributed to the current headwinds facing M&A activity that may influence behaviour of market participants. Against this backdrop, this article examines aspects of M&A transactions that may be particularly vulnerable to dispute and looks ahead to how participants might protect themselves against litigation risk.
10 January 2026Planes, trains and … tractors: a new route to financing high value equipment in the mining, agriculture and construction sectors
Jacqueline Cook, Senior Finance Knowledge Lawyer at Mills & Reeve LLP and member of the Cape Town Convention Academic Project, looks at the current status of the MAC Protocol to the Cape Town Convention on International Interests in Mobile Equipment. With special thanks to William Brydie-Watson, Legal Officer at UNIDROIT and Duarte Pedreira, TF COP Task Force Chair.
10 January 2026Legal liability of deploying artificial intelligence in banking and finance
Financial Institutions have embraced AI systems in many aspects of its operations. However, the deployment of AI systems is not without risks. This article will analyse from a technological starting point, the legal risks and challenges posed by the deployment of AI systems in the banking and finance sector.
10 January 2026Tackling fraud: a duty of inquiry or a duty if on inquiry?
In this article the author highlights the difference between on the one hand a bank owing a duty of investigation or inquiry to their customer, and on the other hand only being subject to any such duty when particular circumstances put the bank “on inquiry” that a payment instruction is an attempt to misappropriate the customer’s funds.
10 January 2026Should secured lenders be worried about the remediation provisions of the Building Safety Act 2022?
The Building Safety Act 2022 received Royal Assent on 28 April 2022, and in the subsequent three and a half years there have been numerous first instance and appellate decisions. One of these – Triathlon Homes LLP v Stratford Development Partnership Ltd & Ors [2025] EWCA Civ 846 – was handed down on 8 July 2025 and a further appeal is now due to be heard by the Supreme Court.
10 January 2026Agency and declarations of trust
Agency and trust relationships are ubiquitous in modern finance, and it is therefore essential that any interactions between the two strands of law are properly understood. The recent judgment of the Court of Appeal in National Iranian Oil Company v Crescent Gas Corporation Limited [2025] EWCA Civ 1211 is an intriguing modern example of such an interaction, engaging in the context of s 53(1)(b) of the Law of Property Act 1925.
10 January 2026Unlocking the UK banking market: to buy or not to buy
The UK’s banking sector is widely recognised as a global benchmark for financial sophistication, underpinned by a regulatory framework that is both robust and complex. The UK’s regulatory environment sets a high bar for entry. Whether through direct authorisation or acquisition, new entrants must demonstrate a deep understanding of legal, capital and operational risks, engage proactively with regulators and build business models that are resilient, compliant and adaptable to future change. The strategic choices made at this juncture will determine not only the success of individual firms but also shape the future of the UK banking sector.
10 January 2026Are claims worth over £3bn out of time under the FCA’s proposed motor finance redress scheme?
In its proposed rules for a consumer redress scheme, the Financial Conduct Authority has assumed that few claims will be time-barred on the basis that s 32(1)(b) Limitation Act 1980 (deliberate concealment) will be engaged. In this article, Matthew Parker KC considers the further question of when under that provision the consumer could with reasonable diligence have discovered the relevant facts and the factual issues to which it gives rise.
10 January 2026The face value requirement for deeds in s 1(2)(a) of the Law of Property (Miscellaneous Provisions) Act 1989
This article reproduces the note prepared by The City of London Law Society Financial Law Committee and dated 27 November 20251 on the face value requirement for deeds in s 1(2)(a) of the Law of Property (Miscellaneous Provisions) Act 1989.
10 January 2026
