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Robinhood: 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 2024Legal assignments: what does “under the hand of the assignor” mean for companies?
This article considers whether, in light of recent case law, companies should reconsider how they effect assignments to be valid legal assignments under s 136 of the Law of Property Act 1925.
08 April 2024Digital assets as transactional power
If the law is to recognise digital assets as property for private law purposes, then it would benefit from analysing them as composite things. The asset is more than mere data. It is a set of transactional functionalities. The most important of these is the capacity of the person who holds the private key to effect new transactions which will be recognised as valid by the technical rules of the system. Analysed in this way, the asset can be viewed as a specific transactional power over unique data entries on the ledger.
26 March 2024Are sanctions sustainable?
In this Spotlight article Thomas F Huertas considers the impact of sanctions on financial stability and their importance for national security. He posits that financial regulators need to consider how sanctions should be integrated into the financial system without inflicting collateral damage on it.
25 March 2024Geopolitical uncertainty: managing market shutdown risks
The renewed Russian invasion of the Ukraine is placing a stark emphasis on financial market participants and also on trading venues needing to have sufficient resilience to weather operational and digital risks – and also to ensure they have fallbacks in place if the power goes out. This is separate to consideration on sanctions and their impact on financial market participants.1 In this Spotlight article, Michael Huertas considers the steps financial market participants need to take in anticipation of a power supply failure, a cyber-attack and military conflict. He draws comparison with the position in France and Germany.
25 March 2024
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