In Practice
185
Beyond the nuclear option: collective action problems in fund governance
The removal of a general partner (GP) from an investment fund is among the most serious actions limited partners (LPs) can take. The collapse of the Abraaj Group in 2018 brought renewed scrutiny to the complexities of GP removal. It exposed the underlying structural and co-ordination issues in private fund governance.
05 May 2026ECCTA 2023: implications for finance transactions
A key aim of the Economic Crime and Corporate Transparency Act 2023 (ECCTA) is to reform the UK’s prevention, detection and prosecution measures for economic crime, particularly through strengthening corporate transparency and ensuring that legitimate business activities are not abused for illicit purposes. Recently core provisions have come into force and new guidance has emerged providing further insight and clues as to the practical implications and potential risks that ECCTA poses for workflows on loan finance transactions.
05 May 2026Referral to the Upper Tribunal: worth the risk?
The authors consider recent decisions in which the Upper Tribunal has closely scrutinised FCA penalty calculations and reduced fines. They consider the implications for firms and the regulator.
05 May 2026Redressing the balance in competition class actions
The Supreme Court’s decision in Evans v Barclays Bank plc & others [2025] UKSC 48 represents a significant recalibration of the UK’s competition law class action regime. In clarifying the test to be applied by the Competition Appeal Tribunal when determining whether to certify claims on an opt-out basis, the decision will have lasting consequences for proposed class representatives, funders, and defendants.
12 April 2026NAV facilities in 2026: structuring, governance and market practice considerations for sponsors
In this In Practice article the authors examine how English law-governed Net asset value (NAV) facilities are structured and negotiated in 2026. The article focuses on practical drafting themes relevant to sponsors, including structural separation, borrowing base and loan-to-value (LTV) mechanics, recourse-light structures, automatic NAV adjustment provisions and valuation governance. The aim is to identify the key areas where structuring decisions and negotiation strategy can materially affect flexibility, liquidity and risk allocation.
12 April 2026Stablecoins: what could hinder their rise?
Stablecoins are growing exponentially within financial markets. They are a type of cryptoasset whose value is pegged to fiat currency and is intended to remain stable allowing for usage as a payment instrument. The stability of their value is guaranteed through their reserve assets which must be invested in safe, non-volatile, liquid instruments. As a result, stablecoin holders are assured of the issuer’s ability to meet their at-par redemption requests. Under the current EU and US regulatory framework, stablecoin issuers are not allowed to grant interest to holders such that holders receive no return. This may become problematic, when compared with commercial bank deposits and money market funds.
12 April 2026A new era in the UAE: the significance of removing gambling provisions under the 2025 Civil Code
In this In Practice article the authors consider the consequence of the removal of the Old Civil Code’s gambling provisions in the New Civil Code set to enter into force on 1 June 2026.
12 April 2026Market trends in mitigating conduct risk in private asset backed structured finance transactions
In this In Practice article, the authors survey market responses to conduct risks in private asset-backed structured finance transactions. They assess operational impacts, cost allocation, and how tools such as enhanced due diligence and increased delivery of audit reports reduce information asymmetry and surface areas of concern earlier.
27 February 2026The FCA’s new framework for targeted support in pensions and retail investments
In this In Practice article Joseph Paddon considers the Financial Conduct Authority’s proposal for a regulatory framework for “targeted support” to empower consumers to make better-informed decisions regarding their pensions and retail investments.
27 February 2026Security Action for Europe: legal architecture, implementation and private capital’s opening
Jason Blick considers the implications of the SAFE regulation for investors and creditors including “third country” entities.
27 February 2026
