In Practice
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Expectations of privacy for individuals under investigation
The appeal in ZXC v Bloomberg is expected to be heard by the Supreme Court later this year. The outcome of this appeal could diminish the expectation of privacy currently afforded to individuals under investigation by law enforcement agencies. With the law on corporate criminal liability under review by the Law Commission, and a growing appetite for claims against senior executives in the financial services sector, this is a case to watch. This piece provides a refresher on the rights currently conferred on suspects.
13 June 2024Regulatory divergence after Brexit: laying the foundations for a new UK regime
On 24 December 2020, the UK and EU finally reached agreement on a post-Brexit trade deal. As expected, and as acknowledged by Prime Minister Boris Johnson on Sunday 27 December,1 that agreement contains very limited provision for cross-border trade in financial services. On the same day, Chancellor Rishi Sunak suggested that the UK will now be able to “do things a bit differently” on financial services. This In Practice article briefly examines what that could mean for UK financial sector regulation in the near future and beyond.
13 June 2024Secured vs unsecured personal lending by fintechs
In this In Practice article the authors consider the difficulties of secured personal lending by fintechs and how the application of technology can mitigate risk without requiring security.
03 June 2024Key considerations for lenders when lending to individuals
Lending to individuals can be a challenging area for lenders, as they are required to comply with consumer regulations and must always consider the high-risk nature of certain individual borrowers. In this article, Sukh Ahark of RPC identifies key considerations for lenders when lending to individuals and outlines certain due diligence and legal drafting requirements that can protect lenders from any associated risks.
03 June 2024US SRT structures require cross-practice and cross-geography legal expertise
As the US “significant risk transfer” market catches up to its European equivalent, cross-practice legal teams are playing an important role in ensuring compliance with regulatory requirements for both banks and investors.
03 June 2024Amending legacy contracts
In this In Practice piece the author considers the various approaches to documenting amendments to legacy contracts to cater for near risk-free rates.
29 May 2024Tracing and freezing cryptocurrency in Hong Kong and Singapore
With the rise of cryptocurrency, fraud involving cryptocurrency has also grown exponentially. In the first of this series, as a high-level overview, we explore different methodologies and approaches to tracing, freezing and recovering cryptocurrency in Hong Kong, Singapore and other common law jurisdictions.
29 May 2024Deal contingent derivatives: managing risk in M&A transactions
In this In Practice article the authors consider the key terms of deal contingent derivatives.
29 May 2024Synthetic LIBOR and UK contractual continuity: Critical Benchmarks (References and Administrators’ Liability) Bill
A UK Bill designed to ensure contractual continuity for legacy English law contracts and arrangements which adopt synthetic LIBOR has been introduced into Parliament. This In Practice article provides some context for the Bill and highlights some of the areas under the spotlight.
28 May 2024In search of lost time, Part 2: the effect of the fintech industry’s development on automation and standardisation
In this In Practice article Charles Kerrigan considers the effect of the fintech industry’s development on the topics of automation and standardisation in commercial lending transactions.
28 May 2024
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