Feature
760
Go to page
of
76
USD LIBOR succession legislation at home and abroad
In this article the authors review the current status of the various “legislative fixes” for dealing with agreements which refer to USD LIBOR but which cannot be actively amended to remove those references before the benchmark ceases to exist.
13 June 2024A pox on the Pax ESG?
In this article the author highlights cases where third-party activists seek to harness the securities markets through exploitation of investment manager ESG policies, to weaponise their own political agendas. In circumstances where the information they disseminate (before and after trades) is erroneous, biased, or demonstrably influenced by material interest, he argues the need for urgent regulatory focus to prevent market manipulation and protect market integrity.
13 June 2024Electronic trade documents: a way forward
In this article, the authors explain the Law Commission’s provisional proposals for legislative reform to provide that certain trade documents in electronic form have the same effect as paper trade documents.
13 June 2024Sustainability reporting: navigating the alphabet soup of standards
In this article, we discuss that in relation to making sustainability disclosures, if companies are able to unpick and rationalise the alphabet soup of standards, requirements and frameworks, many will find a set that suits their particular business model or industry. However, as the number of different reporting frameworks increases this is fostering confusion, lack of comparability and reporting fatigue. Greater global convergence may help to alleviate these issues.
13 June 2024Prospects for bankers’ liability for authorised push payment fraud
Authorised push payment fraud (APP fraud) is a form of fraud where the victim is induced to initiate a fraudulent transaction. Despite this type of fraud costing customers nearly £1/2bn a year, English law does not offer a clear and co-ordinated response. This article examines the implications of the recent cases including I.F.T S.A.L Offshore v Barclays Bank PLC, Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd and Philipp v Barclays Bank UK Plc, in order to identify the prospects for defrauded customers seeking to recover damages against the banks through whom their funds were paid away.
13 June 2024How easy is it to enforce English judgments in the EU post-Brexit? A look at the procedures in Italy, Germany and Spain
This article examines the rules that now apply in relation to the enforcement of English court judgments in the EU and goes on to consider, by reference to Italy, Germany and Spain, what this means for enforcement of judgments in practice. We highlight that these are the rules that apply as at the date of this article but are potentially subject to change (for example if the UK joins the Lugano Convention 2007 (Lugano Convention), as discussed further below).
13 June 2024International aspects of capacity and authority: a need for reappraisal of Haugesund v Depfa?
The effect upon private law contractual rights of public law illegality has long been a source of confusion and controversy, particularly in the context of disputes between banks and public bodies over complex derivatives. The issue divided the Court of Appeal in Credit Suisse v Allerdale [1997] QB 306 and although the view of Hobhouse LJ in that case has been endorsed in Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439, this was only obiter. Foxton J in School Facility Management Ltd v Governors of Body of Christ the King [2020] EWHC 1118 (Comm) has now decided how far public law illegality can provide a defence of incapacity but his logic when applied to a foreign entity is more consistent with Etherton LJ’s dissent in Haugesund v Depfa [2010] EWCA Civ 579 than with the majority decision.
13 June 2024ESG derivatives: a look at recent developments
This article reviews some of the latest innovative structures in ESG derivatives, as described in ISDA’s recent paper Overview of ESG-related Derivatives Products and Transactions of January 2021 and considers some of the legal and drafting issues which those structures raise.
13 June 2024Sanctions on the rise: the 6th Anti-Money Laundering Directive and the post-Brexit landscape
The 6AMLD has been introduced and implemented to provide stricter measures in the fight against money laundering. In particular, criminal sanctions both by way of imprisonment and fine are increased. Further, 6AMLD broadens the scope of financial crimes being dealt with. However, whilst 5AMLD has been incorporated into the UK’s domestic legislation, 6AMLD will not be implemented. This is because the UK has its own strict measures in place for AML offences.
13 June 2024Secured transactions law reform: lessons from Asia
This article discusses findings from a new book which examines secured transactions law in thirteen Asian countries. Special focus is given to the drivers, substance and process of law reform, and lessons are drawn from the Asian experience that could aid a broader understanding of the principles and policies shaping legal development in this area.
13 June 2024
Go to page
of
76
