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Investment Management Update: FCA’s 2014 Risk Outlook; consumer complaints fall; European Parliament draft agenda; and more
The FCA has published its risk outlook for the year. The outlook is split into two parts entitled ‘drivers of risk’ and ‘the evolving risk landscape’.
The new ‘salaried member’ rules, which will treat members of an LLP as employees for tax purposes in certain circumstances, came into force on 6 April 2014.
Privilege denied — defendants’ attempts to withhold disclosure of documents on the grounds of litigation privilege rejected
In two recent cases, it has been held that professionally prepared correspondence and reports were not protected by litigation privilege.
The recently published FCA business plan and risk outlook for 2014 contain some instructive pointers for institutions on both the buy-side and the sell-side.
M&A Weekly Update: when is there a duty of good faith between contracting parties; prospectuses: acceptable languages; and more
Two cases decided last year raised concerns that the English judiciary were becoming more open to implying a duty of good faith into commercial contracts.
The High Court recently handed down its judgment in a caseregarding the use by the defendants of an image of Betty Boop and the word ‘Boop’ on merchandise.
The FCA’s newly published business plan envisages Thematic Reviews in a number of areas relevant to investment management...
Macfarlanes has published its Real Estate Legal Update for April 2014. It covers commercial rent arrears recovery and the law of private nuisance.
IORP II has a dual legislative basis: completion of the internal market in financial services and consumer protection.
M&A Weekly Update — need for clarity when drafting conditions to completion; new regime for consumer credit authorisation; and more
Macfarlanes has released its M&A Weekly Update for the period 21–27 March 2014.
This short note summarises what the EU is working towards when it comes to securities financing and rehypothecation transactions.
In over-the-counter financial instruments, phrases such as ‘commercially reasonable manner’ are often employed, often at the cost of speed and certainty for the parties to the transaction.
At the end of February 2014, the Law Commission released its long-awaited report titled ‘Matrimonial Property, Needs and Agreements’.
Financial Services Regulatory Update — FCA’s fourth quarterly consultation; FCA thematic review; and approval of final text of UCITS V
The Financial Conduct Authority has published its fourth quarterly consultation (CP14/4) in which it proposes amendments to certain parts of the FCA Handbook.
A recent High Court case highlights the risk in deriving comfort from FCA guidance and the importance of reviewing the underlying legislation.
On 18 March 2014, the Swedish Financial Supervisory Authority approved NASDAQ OMX Clearing as a central counterparty (CCP).
George Osborne has delivered his fifth Budget speech to the House of Commons, but despite speaking for nearly an hour the result was somewhat underwhelming.
The judgment demonstrates one of the rare and exceptional circumstances in which the court may be willing to intervene to stop an adjudication.
M&A Weekly Update: guidance for corporate audit committees and prospectus directive forthcoming changes
The M&A Weekly Update is a short one-page update on key developments relevant to M&A lawyers.
Financial Services Regulatory Update — the FCA’s notes for AIFMs, managing the risks of financial incentives and more
Marfarlanes has released the 7 March issue of its Financial Services Regulatory Update.