Electronic money (e-money) is now a familiar part of the corporate financing world and it is now common to see corporates wanting to use their e-money as collateral on a range of financing transactions. In this article, we examine the key legal and practical aspects of structuring English law security over e-money, in particular whether the statutory right to redemption impacts the ability for a secured party to have effective control over e-money. This article reflects the current English law on e-money. Changes to the safeguarding regime (applicable to e-money issuers in the UK), which may alter the status of funds held for e-money-holders, are envisaged but are not yet in place. This article considers some provisions of legislation at the EU level, since the Electronic Money Regulations 2011 entered into law based on EU directives (prior to Brexit).
08 February 2026This is the second in a series of articles which identifies certain of the issues which may have caused the green and sustainable finance market to have become relatively depressed of late.
08 February 2026This 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 2026In 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 2026This article proposes making certain targeted changes to UK law to facilitate securitisations using UK securitisation special purpose entities (SSPEs) by simplifying the legal framework in which they operate, including in some cases removing obsolete provisions from more than a century ago.
10 January 2026The key argument of this article is that simplification and proportionate regulation can enhance legitimacy and clarity in financial regulation.
10 January 2026As regulatory stablecoin regimes multiply, the fate of stablecoins, both in their potential and their risks, lies in how stablecoins can move between regulatory systems. This article shows that some major jurisdictions have approached this issue in quite different ways.
10 January 2026This article provides a critique of the decision of the UK Supreme in Hopcraft v Close Brothers addressing its impact on the multiple conduct of business regimes which have emerged over recent decades for various species of financial intermediation, and which aim to raise standards of behaviour and customer outcomes. The argument is that the decision of the Supreme Court should not be seen as erecting impediments to the effectiveness of those conduct regimes, or the appropriate development of common law and equitable principles in the financial service context.
10 January 2026Despite 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 2026Jacqueline 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 2026