Feature

Cross-border privilege

This article considers cross-border privilege issues that can arise in a number of different contexts.

The lucrative AI debt market – disrupting traditional debt lending: Part 2

In two parts, the first published in the March edition (2025) 3 JIBFL 183, we discuss how the unique nature of AI companies and AI-related assets could present distinct challenges to traditional lending frameworks if such frameworks are not properly considered in the context of such companies. Part 1 discussed how the unique nature of AI companies could present distinct challenges to financial covenants in traditional lending frameworks if not properly considered in the context of such companies.
This Part 2 discusses how the unique nature of AI-related assets could present similar challenges to the process of security enforcement in traditional lending frameworks if not properly considered in the context of such assets. 

Recognition and enforcement of Ukrainian judgments against the Russian Federation in the UK

This article examines the enforcement prospects of Ukrainian court judgments against the Russian Federation in the UK, following Ukraine’s 2022 Supreme Court ruling denying Russia immunity in tort claims related to its military aggression. It analyses key procedural obstacles under the Hague Convention 2019, the UK’s State Immunity Act 1978 and common law, including jurisdiction, service of process and public policy defences, highlighting the tension between sovereign immunity and international accountability.

Political risk insurance: safeguarding global supply chains amidst geopolitical tensions?

In today’s interconnected global economy, a stable supply chain is crucial for international business. From our experience, companies are increasingly concerned about geopolitical risk as a key risk factor when managing their supply chains. This article explores whether political risk insurance can help to safeguard supply chains against geopolitical disruption.

Understanding debt finance in football: debt factoring and secured loans

In this article the authors examine the use of certain debt products, namely debt factoring of future revenue streams and secured loan facilities, in the football finance market.

Proposed UK corporate redomiciliation: issues for lenders

Corporate redomiciliation is the process by which a company changes the place where it is incorporated, so as to become subject to the company law of a new jurisdiction whilst retaining its legal personality. In October 2024, a UK independent expert panel issued a report to the UK government setting out a proposed regime for corporate redomiciliation to and from the UK. This followed a government consultation on the principles of a corporate redomiciliation regime in October 2021. The government intends to consult in due course on a proposed regime design.
Many jurisdictions, including Singapore, Jersey, Luxembourg, Australia, New Zealand, Canada and the State of Delaware, already have redomiciliation regimes and companies in the EU can move to another member state. Lenders may therefore have already considered the implications of a company redomiciling but each regime differs and it is therefore important to consider the UK proposals and their implications.

Considerations for lenders to infrastructure assets

Lenders continue to structure financing packages to minimise the risk of default. However, wider risks now need to be in focus as the pace of investment in infrastructure increases. There are many different estimates of the amount of investment required in global infrastructure and energy assets. Each country has a different starting point and a different need – but trillions of dollars of investment per year for a sustained period is anticipated, with a significant amount provided by debt. With the rise of private and institutional debt providers alongside active export credit agencies, development finance institutions, wealth funds and commercial debt, the sources of debt capital are expanding to meet demand. In light of that increased debt, this article considers key issues for lenders funding infrastructure projects.

Freezing the status quo: a critical analysis of 2024’s watershed moments in freezing injunction jurisprudence

Bank Resolution (Recapitalisation) Bill: good policy, bad politics?

The UK’s resolution authorities successfully handled the failure of Silicon Valley Bank in 2023. The Bank Resolution (Recapitalisation) Bill (the Bill) seeks to address a lacuna identified as part of that process. The Bill is framed as a technical amendment to the regime for handling bank failures but, as this article argues, also highlights tensions between that framework and the government’s plans to improve the competitiveness of the financial services sector.

Debt financing transactions in Northern Ireland: what practitioners need to know

In this article, Andrew McClurg identifies the key differences that practitioners should be aware of between English law and Northern Irish law, when entering into debt finance transactions.