Kennedys

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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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Wessing in crisis as four more jump ship

Andersen Luther becomes refuge for Wessing teams as internal dissent sparks more walkouts Embattled German law firm Wessing is losing four more partners to Andersen Legal’s German arm Andersen Luther as dissension within the Düsseldorf office grows.`M&A partner Alexander Schröder-Frerkes and competition and energy partner Jan Byok are joining Andersens’ Düsseldorf office. They will be […]

In-house pupillages leave the market cold

Only one firm of solicitors in England and just two private companies in the UK have been authorised to carry out pupillage training, two years after legislation was introduced to widen training provision to outside chambers. `Entry to the independent bar is extremely competitive. But the Access to Justice Act aimed to open up opportunities […]

Virtually there

The rollercoaster ride of lastminute.com’s share price is emblematic of the bursting of the dotcom bubble but last month the site’s chairman claimed that it would achieve profitability in key markets within the next year. The UK’s biggest e-tailer, Amazon.com, also says that it has turned the corner and expects to start making operational profits […]

Clarke Wilmott hires duo to beef up property side

South West firm Clarke Wilmott & Clarke has further strengthened its property capability with the hire of a legal director from house builder Redrow Group and a property partner from the defunct Bristol office of Eversheds. `Karen Wallis is expected to join Clarke Wilmott from Redrow’s South West division this summer. William Juckes has already […]

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