EXCLUSIVE: In court this week – Brexit, betting and (anti)bodies

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Related briefings

Court of Appeal sets out new test for rectification

Terra Firma has successfully upheld in the Court of Appeal the judgment it obtained from the High Court allowing rectification of the terms of a private equity financing transaction completed in 2012, concerning the Four Seasons care homes business. The Court of Appeal’s judgment is now the leading decision in this complex but important area […]

Supreme Court clarifies the scope of Article 24 of the Recast Regulation

On 29 July 2019, the Supreme Court handed down judgment in Akçil & ors v Koza Ltd & anr [2019] UKSC 40. The decision represents the culmination of almost three years of litigation on jurisdiction. In 2016, Koza Altin, a Turkish company, served notices under the Companies Act 2006 upon Koza Ltd, an English company and Koza Altin’s […]

Successful dismissal of appeal by Lehman Brothers administrators

The Supreme Court handed down judgment in HMRC v Joint Administrators of Lehman Brothers International (Europe) (in administration) [2019] UKSC 12 on 13 March 2019.  Malcolm Gammie QC appeared for Her Majesty’s Revenue & Customs with Catherine Addy QC. The issue before the Supreme Court was whether the estimated £5billion of statutory interest that was payable under […]

Standard Life Aberdeen – successful outcome in arbitration

An arbitral tribunal established in respect of the dispute between the Standard Life Aberdeen (“SLA”) and Lloyds Banking Group / Scottish Widows (“LBG”) has ruled in favour of SLA. In particular, the tribunal ruled that LBG was not entitled to give notice, on 14 February 2018, to terminate the investment management agreements in respect of […]

VAT grouping and claims for reimbursement of unlawfully charged VAT

By Ian Glick, Adam Rushworth The Court of Appeal has today unanimously dismissed appeals by various appellants in a number of proceedings heard together which raised issues about the entitlement to recover unlawfully charged VAT from HMRC in the context of the UK’s VAT grouping provisions. In particular, the appeals concerned who was entitled to bring […]

Latest Briefings

Can settlement agreements be regulated credit agreements? High court decides

By Emily Morton Can settlement agreements be regulated credit agreements, and are lenders at risk of falling foul of the provisions of the Consumer Credit Act 1974 (CCA)? In CFL Finance Ltd v Bass & Others [2019] EWHC 1839 (Ch) the Court looked into whether settlement agreements need to comply with the CCA, and whether their […]

Spotlight on automotive industry: Introduction to the series and financing

By Miriam Simsa, Soňa Hekelová By outsourcing production of major parts of car components, carmakers have also outsourced a substantial amount of their financing needs and associated risks to their suppliers. Still, despite rather slim margins, the prospect of a fairly stable cash flow over a number of years has made the automotive supplier business […]

I am worried that a trustee has mismanaged my trust fund. What can I do?

By Oliver Passmore Trustees are appointed to safeguard funds in a trust, and are duty-bound to act in the best interests of the beneficiaries. While most trustees will carry out their duties conscientiously, occasionally there is mismanagement. There are a number of ways in which a trustee can mismanage a trust fund. This can include: […]

Luxembourg Government submits bill to Parliament implementing the EU Anti-Tax Avoidance Directive 2 into domestic law

By William Jean-Baptiste, Eléonore Galleron On 8 August 2019, the Luxembourg Government submitted a draft law to the Parliament (the Draft Law) to implement the Council Directive (EU) 2017/952 of 29 May 2017 (ATAD 2 or the Directive) into Luxembourg domestic law. As a reminder, ATAD 2 constitutes an update of the Council Directive (EU) 2016/1164 of 12 July […]

Myth busting Jersey trusts and foundations

By Josephine Howe Some may think trusts and foundations are only used by very wealthy people or families, or that by putting assets into a trust or foundation in international finance centres (IFCs) like Jersey, then they are avoiding tax. Some claim offshore trusts and foundations are secretive, and they are used for criminal activity; […]

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HSF develops in-house tech tool to calculate risks in disputes

Herbert Smith Freehills (HSF) has launched a “decision tree” analysis service with software that helps clients make better decisions when they need to evaluate potential risks in disputes. The service is offered by the firm’s decision analysis team, which is led by deputy head of commercial litigation partner Alexander Oddy and commercial and financial disputes […]

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Magic circle firm wins Goldman Sachs mandate on HQ sale

Linklaters and DWF have led in the £1.2bn sale of Goldman Sachs’ new City headquarters, in the biggest deal announced for a London office building this year. The magic circle firm’s real estate partners Patrick Plant, Simon Price and corporate real estate partner Tom Watkins led for Goldman Sachs Group, which has sold its new, unfinished European headquarters […]

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These are the biggest challenges facing law firms today

The legal profession is facing an unprecedented level of change, bringing forth a lot of challenges but also opportunities for those open to grasping them, managing partners claim. As part of The Lawyer‘s annual Managing Partners Dinner we asked a few of the attending managing partners to share what they consider the biggest challenge facing […]

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