In Practice

Is litigation funding compatible with Shariah principles?

Personhood and the law: do crypto and digital assets need their own rules?

In this In Practice article Charles Kerrigan considers the tension between the concept of personality under English commercial law and the innovations of the crypto industry.

Diversity and inclusion: both a path and a destination

The UK financial regulators’ focus on diversity and inclusion (D&I) reflects changing societal norms and the increasing prominence of the Environmental, Social and Governance (ESG) agenda. This article examines some of the proposals and considers how implementation may be more challenging than it might appear at first sight.

Last but not least: consultation involvement key to avoiding regulatory divergence in public and private securitisations

In this In Practice article Kate Patane considers the growing divergence between EU and UK reporting obligations in public and private securitisations and how detailed feedback can drive internal “change management” processes and encourage the authorities to increase regulatory alignment.

Biodiversity finance: becoming second nature

International financial markets have started to show significant interest in nature and biodiversity. Whilst climate change and greenhouse gas emissions have made the headlines in recent years, there has been much less focus on their equally important counterparts, nature and biodiversity. However, that has started to change.

European middle market CLOs could rise in 2024: despite some challenges

Collateralised loan obligations (CLOs) are a prominent feature in the European capital markets landscape. Last year, public issuance of CLOs in Europe generated a volume of €26bn from 69 deals, remaining relatively steady from 2022 despite a slow start to the year. However, the market is off to a strong start in 2024, with year-to-date volume at the end of February standing at €6.3bn and with market participants predicting a bumper year.

Term SOFR: a non-US market perspective

In this In Practice article the authors consider the nature of Term SOFR and how the LMA Term SOFR Exposure Draft addresses certain key documentation issues.

UK Pension Schemes Act 2021: new criminal offence in force: lenders take note

This In Practice article considers the new criminal offence introduced by the Pension Schemes Act 2021 in relation to defined benefit (DB) pension schemes, which came into force on 1 October 2021, in terms of what it means for lenders and transactions, as well as how it fits into the wider DB pensions framework.

NPE servicers prepare to retain risk under EU Securitisation Regulation

In this In Practice article the authors suggest practical steps for servicers to consider before acting as retainer of risk in traditional securitisations of non-performing exposures (NPEs).

Overview of anticipated focus areas for BBLS litigation

The government’s Bounce Back Loan Scheme (BBLS) provided small businesses with quick access to funding during the coronavirus pandemic. However, significant claims volumes are now anticipated given the combination of large numbers of applicants, standardised terms and a unique (and homogenous) application process. As collection and recovery activities begin, we consider some possible areas of focus for claims against BBLS lenders.