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Tackling 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 2026Financing data centres in the US and Europe: Part 2
In our previous article ('The key characteristics of data centres in the US and Europe: an overview for those involved in financings – Part 1' (2025) 10 JIBFL 694), in order to provide some background as to data centres as an asset class, we looked at data centres' real estate fundamentals, where in the world they are located, and different types of data centre. We also touched on concerns around energy, electricity, heating, cooling and water, all of which in turn make ESG topical in the context of data centres.
In this second article, we will discuss the financing of data centres, focusing particularly on the capital markets. No consideration of this topic would be complete without considering the pre-eminent US data centre financing market, so we will look at this, and in particular the division there between asset-backed securitisations and commercial mortgage-backed securitisations. We then move on to consider recent European data centre financings; their key features and how we expect this financing market to develop.
In this article we will not explain the basic fundamentals of financings, as this is intended for an audience which is already reasonably familiar with these structures.
Debt relief moratoria: important issues for creditors
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020/1311 (the Regulations), which were made under s 7 Financial Guidance and Claims Act 2018, created two types of debt relief moratorium:
(i) the breathing space moratorium, providing short term relief to debtors to enable them to obtain debt advice; and
(ii) the mental health crisis moratorium, providing relief to debtors undergoing a mental health crisis.
A moratorium affords the debtor far-reaching protection by significantly restricting the rights of affected creditors during the lifetime of the moratorium, most notably the right to take enforcement action.
There have now been a number of cases considering the Regulations but, as this article explains, aspects of their operation are ill-defined, and their scope remains uncertain in important ways. This article identifies the contentious and problematic elements of the Regulations and surveys the case law.
Loan participations: conflict-of-laws challenges under English and New York law
This article examines the divergent treatment of loan participations under English and New York law, focussing on how each jurisdiction characterises the legal relationship between grantor and participant. It explores the conflict-of-laws challenges that arise when structuring cross-border financing transactions in which the underlying loan and participation agreement may be governed by different legal systems.
22 November 2025Digitising collateral: the LBMA’s digital gold initiative and UCC Art 12
Gold and other precious metals have long been central to the financial system and remain key assets today. However, as global markets expand and technology advances, traditional transactional approaches risk falling behind. London’s $900bn bullion market is preparing to test a new initiative: a digital version of gold. The initiative aims to modernise the way gold is owned, traded, and settled, and facilitates the use of gold as collateral. This shift, together with developments such as Art 12 of the Uniform Commercial Code, bridges the gap between tradition and innovation, simplifying transactions under clearer frameworks and expanding market opportunities.
22 November 2025Tokenised Islamic finance products: Shariah compliance meets digital innovation
Tokenisation, the representation of ownership interests and contractual rights as digital tokens recorded on distributed ledgers, is increasingly intersecting with Islamic finance. The opportunity is practical; broader market access, faster settlement, improved transparency and audability, and the potential to hard-wire compliance into product lifecycles. The challenge is equally clear. Structures must continue to satisfy foundational Shariah requirements prohibiting interest, excessive uncertainty and speculation, even as issuance, custody and secondary trading migrate to digital rails. Across the Gulf Cooperation Council (GCC) region, policymakers and market participants are moving beyond pilots to first-generation frameworks and transactions. Bahrain has adopted a stablecoin issuance and offering framework that embeds Shariah governance for Islamic-labelled products, while in the United Arab Emirates (UAE) the new CBUAE law (Federal Decree-Law No. (6) of 2025) provides a statutory pathway for "currency in digital form" as legal tender issued by the UAE Central Bank. This sts alongside the binding Higher Shariah Authority framework that adopts the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) standards for licensed Islamic Institutions. These measures signal a maturing regulatory environment for tokenised Islamic products.
For the purposes of this article, tokenised Islamic finance products refer to digital instruments structured to comply with the principles of Shariah and recorded on either permissionless public chains or permissioned networks operated by regulated institutions. They include security tokens, such as tokenised sukuk or equity interests; asset-backed tokens that evidence ownership in identifiable real assets or usufructs; and payment or utility tokens, including fiat-referenced stablecoins and bank deposit tokens used for settlement. Our primary focus is the GCC, in particular the UAE, Saudi Arabia and Bahrain. The analysis draws on standards and guidance issued by AAOIFI and the Islamic Financial Services Board. Where relevant, we refer to Federal Decree-Law No (6) of 2025 as “the new CBUAE law”.
Legislating virtue: unfair relationships in the Supreme Court
This article considers three aspects of the Supreme Court’s decision on unfair relationships in Hopcraft : (i) the new approach to undisclosed commissions; (ii) the approach to the commercial tie; and (iii) the nature of the remedy. In the light of that analysis, some comments are offered on the nature of the jurisdiction.
22 November 2025
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