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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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Caroline Cummins on a new statutory right to adjudicate

Part II of the Housing Grants, Construction and Regeneration Act 1996 came into force on 1 May this year. The Act is of importance to the construction industry and to construction lawyers, as it introduces a statutory right to adjudication in construction contracts entered into after 1 May 1998. “Construction contracts” are widely defined – […]

Balancing extradition duties

Roger Pearson looks at the difficulties in extradition cases involving signatiories of the European Covention of Human Rights Warding off extradition proceedings is never an easy legal task. But when the request has come from a fellow European Convention of Human Rights signatory, added complications arise, particularly when the subject of the attempted extradition is […]

Herbert Smith abandons FirmControl

HERBERT Smith is replacing the Resolution Systems practice management system it bought in 1994 with a rival package produced by US company CMS Data. The firm began installing CMS Data’s Open system at the start of the year and has set an October deadline for its full installation. Herbert Smith was the first City firm […]

NI Law Society refuses to back UN call for inquiry into lawyer's murder

The former partner of murdered solicitor Pat Finucane has attacked the Law Society of Northern Ireland for refusing to back a United Nations’ call for a public inquiry into the killing. UN Special Rapporteur Param Cumaraswamy last week published his report into human rights abuses in Northern Ireland which called for a judicial inquiry into […]

Aviation ace wings his way to BA

BRITISH AIRWAYS has pulled off a coup by poaching leading aviation barrister Robert Webb QC from premier aviation law chambers 5 Bell Yard. The high-profile Webb appeared on the opposite side to BA in the bid by Easyjet to scupper the launch of Go, BA’s low-cost airline, and in Virgin’s dirty tricks action. Webb has […]

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