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Latest Briefings

Dispute resolution – Yes and no: how funders decide

By David Walker, Investment Manager (Solicitor) for Augusta Ventures According to Pythagoras: “The oldest, shortest words – ‘yes’ and ‘no’ – are those which require the most thought.” Litigation funders would wholeheartedly agree when deciding whether or not to fund a case. As the largest funder in the UK by volume of claims funded, Augusta […]

Bermuda introduces digital asset business amendment Act 2019

By Steven Rees Davies The Digital Asset Business Amendment Act 2019 (DABA Amendment ACT) became operative on 8 October 2019. The Amendment amends the Digital Asset Business Act 2018 that became operative on 10 September 2018 which regulates the digital asset sector in Bermuda. The Amendment replaces the existing definitions of “exchange”, “digital asset services vendor”, […]

The rules on economic substance in The British Virgin Islands

By Jeffrey Kirk On 9 October 2019, the ITA published the Rules on Economic Substance (Rules), which provide detailed explanations and interpretations of the legislative requirements of the Economic Substance (Companies and Limited Partnerships) Act, 2018 (ES Act).  The Rules closely follow the Draft ES Code that has been in circulation since April 2019. The […]

What are the key trends shaping the fund finance industry in Asia?

By Fiona Chan CAYMAN ISLANDS FUND VEHICLES IN ASIA The Cayman Islands continue to be one of the most popular offshore jurisdictions for the Asian finance industry. There are dozens of Chinese funds that manage USD1 billion or more and the Cayman Islands provide the international recognition that many of these managers are looking for. […]

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Expert tips…

“And now, Miss Cochrane, can you tell the court just exactly what an asset is?” “And what were the UK interest rates doing in 1988 around about the time the defendant was increasing his borrowing to £100 million?” “Can you tell the jury why the fat b****** who is the defendant should want to rip […]

Contempt of court. When the court draws the line

CONTEMPT of court: the very phrase has a medieval ring to it, evoking chains and dungeons – and the dungeon in its modern form is just what was ordered by Judge Pearson when Sarah Holt and her friend and co-witness Sophie Bird refused to give evidence at Chelmsford Crown Court. The young women had probably […]

QBD actions pending

Jury actions now pending in the Queen’s Bench Division include: Watton v Guardian Newspapers, Bennett v Guardian Newspapers, Gillan v Guardian Newspapers, Mapp v Guardian Newspapers, Trywell & ors v Colliver, McBirnie & ors v Commissioner of Police for the Metropolis, Bentinck v Associated Newspapers & anr, Talbot v British Railways Board (last two not […]

Insurance advised for council officers after liability ruling

Chris Fogarty reports Council officers engaged in joint commercial ventures should take out directors’ insurance to protect themselves from any financial liability, says leading Nabarro Nathanson partner and local government expert Ray Ambrose. His warning comes after the High Court last month found two Waltham Forest council officers personally liable for over £1m in debts […]

A loss of balance on the bench

The recent release from jail by High Court Family Division President, Sir Stephen Brown, of a father sentenced by magistrates to six weeks for falling behind on maintenance payments has raised serious concerns about the tendency of lay magistrates to take excessive action in family cases. David Burrows, the Bristol-based specialist family law solicitor who […]

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