Banking and finance

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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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Amendments to the Foreign Exchange Law

The Serbian Parliament passed the Law on Amendments to the Foreign Exchange Law on 17 December 2012, which came into force on 25 December 2012. This briefing from Karanovic & Nikolic provides a summary of the most important provisions of the law. The obligation to register foreign credit operations has been replaced by the obligation […]

Richard Sheldon QC

City analysis: pensions

Bloom & Ors v The Pensions Regulator & Ors, Re: the Nortel Networks UK Pension Plan; Lomas & Ors v The Pensions Regulator & Ors, Re: the Lehman Brothers Pension Scheme This long-running battle will have ramifications for the way the Pensions Regulator takes action against insolvent companies and how companies structure their pension schemes. […]

Judicial process

Decision in GSCE-marking judicial review puts the process, and its implications, under the spotlight There may be flowers on the desks of a few 11KBW silks tomorrow morning. But they won’t be sent by a secret valentine to Clive Lewis QC or Nigel Giffin QC. It is more likely they will be signed by ‘an […]

Frankfurt
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Herbies hires partner from ex-ally Gleiss for German launch

Herbert Smith Freehills (HSF) has secured a partner from former alliance partner Gleiss Lutz to help launch its first office in Germany. Gleiss partner Ralf Thaeter, who specialises in domestic and cross border M&A, will join HSF on 1 April to help launch an office in Frankfurt. However, the new base is not expected to […]

Shoosmiths expands its pensions team

National law firm Shoosmiths has appointed partner Tracey Hemingway to its pensions team, together with documentation specialist Steve Phillips. Hemingway and Phillips, both based at Shoosmiths’ Solent office, come from the in-house pensions legal team at Mercer. Hemingway, who was a principal at Mercer, is experienced in advising trustee and employer clients, document drafting, mergers […]

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