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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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Litigation Recent Decisions 28/10/97

Prolonging litigation puts costs at risk Sugar v (1) Venables (2) Michael Joseph (1997) Court: CA (Simon Brown LJ, Schiemann LJ, Robert Walker LJ) 17/10/9Appearances: Michael Beloff QC and Victoria Sharp instructed by Herbert Smith for the appellant. James Price QC instructed by Clifford Chance for the respondent. Summary: A plaintiff who had prolonged litigation […]

In brief: Scottish Law Society meets Liddell

A Law Society of Scotland delegation met Helen Liddell, economic secretary to the Treasury, last week in a bid to retain the regulation of those of its members who provide financial advice. As The Lawyer revealed in May, Liddell is seriously considering allowing the planned all-embracing financial regulator Newro to take over regulation of solicitors […]

Jones Day Reavis & Pogue strengthens London team

The London office of US firm Jones Day Reavis & Pogue doubled the number of its lawyers in the first seven months of this year, creating a new UK law facility. In July, it poached Denton Hall litigation partner Robert Thompson and it has taken four UK assistants from City firms, including Linklaters & Paines […]

IBA surprised by breakaway liberalisation initiative

The International Bar Association (IBA) has been taken by surprise by the plans of three member organisations the American Bar Association (ABA), the Council of Bars and Law Societies of Europe and the Japan Federation of Bar Associations to set up their own forum on liberalisation of legal services. Lawyers groups worldwide suspect that the […]

Special report

The Middleton report benefits from the authors layman status, says John Malpas. LORD IRVINE succeeded in snubbing quite a few people at the Solicitors Annual Conference in Cardiff. Lord Mackay, his predecessor as Lord Chancellor, was one of them although the episode will probably have amused rather than angered Lord Irvines fellow Scot. The civil […]

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