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FCA Consumer Duty: why challenger banks should integrate e-signatures into their mobile apps
In this article Richard Oliphant considers what the Consumer Understanding outcome means for challenger banks reliant on a click-to-accept mechanism for a speedy digital customer onboarding process.
27 February 2026Market abuse: the limits on civil recovery for investors in the US and UK
This article examines the civil remedies available under English law to investors who suffer loss when counterparties trade on inside information. Taking the Archegos collapse as its point of departure, it concludes that while regulatory and criminal sanctions exist, the obstacles to private recovery are formidable. Neither negligence, deceit, nor unlawful means conspiracy offers a viable route to compensation.
27 February 2026The IOSCO Final Report on pre-hedging: is this the final word?
In November 2025, the International Organization of Securities Commissions (IOSCO) published its Pre-Hedging Final Report (the Final Report), concluding a review that began with a November 2024 Consultation Report (the Consultation Report) and built on earlier regulatory and industry work.
27 February 2026To ban or not to ban; that is the (cryptoasset) question
This article provides an overview of the relevant regulatory systems and policy frameworks across key jurisdictions, illustrating the complexity of the choice faced by regulators between banning and regulating cryptoassets. It examines three dominant approaches.
27 February 2026Are we reaching any further clarity on Braganza in loan documentation?
It is becoming increasingly clear that the nature of the relationship and expectations between the contracting parties is a key factor in whether a Braganza term will be implied. This aligns with the usual case-by-case approach to the construction of contracts and the implication of terms.
27 February 2026Can we vibe code financial contracts?
Writing executable financial contracts remains a challenge due to the linguistic gap between legal prose and computer code. Logical English (LE) bridges this divide, offering a human-readable yet executable framework. This article examines the emergence of “vibe coding”–an iterative, agentic workflow using Generative AI – to automate contract development. By leveraging Large Language Models to translate legal intent into formal LE structures anchored in the Common Domain Model, the industry can move toward a “vibe-to-code” reality. This approach harmonises the probabilistic power of AI with the deterministic certainty required for banking law and complex derivative documentation.
27 February 2026Low or maximum security? Navigating the risks in taking security over AI-generated materials
This article explores the legal and commercial risks for lenders and investors taking security over assets consisting of, or containing, Artificial Intelligence and Large Language Model generated materials. In light of those risks, this article considers practical steps that lenders and investors may wish to consider taking in order to mitigate those risks where possible.
08 February 2026Security over e-money: the form of security and blocking
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 2026Sustainable finance: leaving everyone behind
This 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 2026Multi-issuance schemes for payment stablecoins: an EU-US comparison
Comparing the recently adopted EU and US regulatory regimes on stablecoins, this article seeks to explain the legal approach, in those two jurisdictions, to the question of the legal feasibility of multi-issuance schemes, ie those involving the parallel circulation, in the EU and the US, of payment stablecoins of the same issuer, marketed as: (i) fungible (substitutable); and (ii) redeemable in either jurisdiction.
08 February 2026
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