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“Make-whole” clauses under Ch 11 and Pt 26A restructuring plans
While the Pt 26A restructuring plan in English law has been in existence for five-years, and daily expands its depth of case-law, we still often look across the Atlantic Ocean to the American Ch 11 restructuring fights to see issues not yet addressed on these shores. One such hot topic in the American sphere is the treatment of “make-whole” clauses and post-insolvency interest, and whether such matters can and should be considered within a restructuring.
01 July 2025Conspiracy theories: unlawful means conspiracy and the problem of private rights
Over the last two decades the scope of the economic torts has been considered in a variety of business contexts and the tort of conspiracy to injure by unlawful means is no exception. Liability may arise where two or more persons combine and take unlawful action with the intention of causing damage to a claimant who incurs the intended damage. Difficult questions about the state of mind of those involved have often arisen. But in the years since the decision in The Racing Partnership Limited v Sports Information Services [2020] EWCA Civ 1300, those participating in competitive deals, where gain could be said to come at the expense of another, may find themselves alleged to have participated in a tortious conspiracy despite believing their activities to be lawful.
This article examines the current state of the law, where difficulties have arisen, and the need for the limits of the tort to be explored further in order to address uncertainties that remain.
Will lenders have confidence to lend against commonhold?
The Commonhold White Paper, published in March 2025, proposes changes to the commonhold scheme in the Commonhold and Leasehold Reform Act 2002 which are said to make it beneficial not just to flat owners, but also to lenders. This article gives an overview from the lender perspective and as against leasehold.
01 July 2025Tokenisation of investment funds: some legal challenges
Much like the industrial and information revolutions before it, the Digital Assets revolution will fundamentally reshape the landscape of financial services. Everything we now know in financial services will be impacted. With the tokenised assets market projected to reach $18.9trn by 2033 (Ribble and Boston Consulting Group1), this article explores some key legal issues arising from the tokenisation of investment funds.
01 July 2025A guide to virtual IBANs and their regulation
Virtual IBANs have become increasingly popular in the payments industry, but are not always well understood, and the application of regulation (and payment system rules) to vIBANs is not always straight forward. This article explains vIBANs and how they are used, and comments on some related regulatory considerations.
01 July 2025Can a watchdog retreat revitalise the London market?
This article examines the decline of London’s financial markets and explores whether a regulatory retreat can revitalise the market. Factors such as Brexit and stringent regulations have decreased initial public offering activity, prompting the UK government to relax rules. However, this raises concerns about weakened corporate governance and investor protection. The challenge is balancing market growth with strong regulatory safeguards.
01 July 2025Revitalising European securitisation: a French perspective
Europe’s securitisation market is poised for a comeback, but only if it can break free from outdated constraints and embrace bold reform. This article dives into the regulatory crossroads facing the sector, compares the EU’s cautious approach with the dynamism of the US and UK, and spotlights France’s policy initiatives. With trillions needed for green and digital transitions, the piece argues that a revitalised securitisation market could be Europe’s secret weapon for economic growth and financial sovereignty, if policymakers are willing to seize the moment.
01 July 2025Financial crime reforms creating new risks and challenges for firms
The Economic Crime and Corporate Transparency Act has introduced a novel failure to prevent fraud offence, as well as extending the criminal attribution doctrine to hold large firms liable for the actions of a wider range of senior managers. In this article the authors consider these reforms as well as areas of uncertainty and new risks. They provide some practical guidance.
01 July 2025You can dip twice but can you only prove once? The insolvency implications of “double dip” transactions
In this article the authors consider the insolvency implications of “double dip” transactions, which are becoming increasingly prominent as a form of liability management exercise. The authors first outline some of the different forms of “double dip” transaction structures, before placing them within the existing English insolvency law framework. They conclude with some practical considerations.
01 July 2025The continuing inviolability of standby letters of credit
In this article the authors consider whether the English courts’ recent prioritisation of the inviolability of standby letters of credit has led to outcomes that can be perceived to be unduly kind to beneficiaries.
01 July 2025
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