Spotlight
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Will COVID change legal systems permanently?
This Spotlight article discusses the long-term impact of COVID on world legal systems, in particular whether COVID will crystallise legal upheavals around the world and whether it will cast a grim shadow over the law or a redeeming glow. I am mainly concerned with financial, corporate and commercial law. My enquiry relates to the post-COVID world, not emergency legislation during COVID. I deal with actual changes to the law, not how it is practised. Thus, I do not aim to cover the documentation of deals, or shifts in market practice, or the future of remote working, or the availability and cost of credit. My focus is on large-scale permanent changes to legal systems themselves, which in turn excludes emergency legislation.
13 June 2024The tide has gone out: the structure of UK financial services legislation post-Brexit: Part 5
This Part 5 covers the legislative endgame leading up to the UK’s final withdrawal from the European Union’s Single Market and Customs Union after the transition period.
13 June 2024Big enough: understanding and complying with law through computational analysis of legal data
A 2011 report by McKinsey Global Institute predicted that “big data” would grow in importance, “underpinning new waves of productivity growth”. Now, nearly ten years later, that prediction has come true. The focus of this Spotlight article is not big data, but data sets in the legal world, which share some of the characteristics of big data. The different nature of these data sets creates opportunities for targeted applications that allow the data – the law – to be analysed and rendered useful in making critical legal and compliance decisions. Legal data, though not big data, is nevertheless big enough to support the development of these analytical tools.
13 June 2024The disclosure regime in the public and private share investment market
In the context of the demise of Greensill Capital, in this Spotlight article the authors consider the levels of protection afforded to sophisticated and retail investors and question whether existing rules can cope with the emergence of crowdfunding platforms that enable retail investors to invest in private companies.
13 June 2024Robinhood: hero or outlaw?
At the end of January, media and market participants watched in amazement as a drama unfolded, featuring Reddit, an ailing video game shop, and million-dollar losses for hedge fund managers. Venessa Parekh and Joanna Perkins take a closer look.1
13 June 2024Preserving the pillars of banking law: safeguarding core legal principles in an age of consumer protection
Consumer protection is best achieved through legislation and regulation, not by diluting or departing from established principles of common law and equity. Where a particular social problem affecting consumers is identified, such as the proliferation of Authorised Push Payment fraud, changes in the regulatory rules can provide the solution, taking into account a full range of policy factors. Courts should resist the inclination to step in with solutions that may seem to provide justice on the facts of the particular case, but do injustice in the wider sense of undermining the certainty and predictability that a stable system of legal principles is there to provide.
03 June 2024Legal platforms as economic tools
In this Spotlight article Guy Beringer considers the importance of legal platforms as valuable economic assets; he argues that this requires: (i) an understanding of the value that can accrue to an economy as a result of the efficiency of a legal platform; (ii) planning of the legal platform so that it keeps pace with development; and (iii) investment in the legal platform.
29 May 20242021: the year of the sustainability-linked loan
In this Spotlight article, the authors discuss the recent updates to the Sustainability-Linked Loan Principles (SLLPs) and the way in which the newly published Best Practice Guide (Guide) complements them, before examining how the market has incorporated ESG provisions into leveraged loans and the related issues that borrowers and lenders will need to consider.
28 May 2024Unlocking the use of Russian Central Bank assets: is collateralisation the answer?
This Spotlight article discusses the legal implications of financing Ukraine using immobilised Central Bank of Russia assets via loans or bonds backed by those assets or profits therefrom.
05 May 2024Climate-related risks: is the macroprudential framework fit for purpose?
In this Spotlight article, Professor Seraina Grünewald considers how the macroprudential toolkit can be adapted to include climate-related risks.
18 April 2024
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