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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; […]

Recommended

Combating racism in the profession

It is time for the profession to be made accountable for any racism that exists among its members, argues Raj Joshi. Raj Joshi (a barrister with the CPS) will be a participant at The Letter and Spirit of the Law, an Anglo-US conference on race gate crimes at the Hilton Hotel, Park Lane on Saturday […]

The Lawyer Inquiry: Geoff Lord

Geoff Lord was born in Cheshire in 1947. He was the senior partner at Elliott & Co’s London office which joined Kennedys in March of this year. What was your first job? Taking nuts off bolts and putting different nuts on, aged 12-13. What was your first ever salary as a lawyer? £5 per week […]

Defamation gatekeepers must exercise caution

Tim Watkin examines the reasoning behind, and consequences of, Peter Carter-Ruck’s decision to fight libel cases on a no win-no fee basis. When Tom Cruise stood outside the High Court last month to proclaim victory for himself and his family over Express Newspapers, it served as a reminder that defamation law is as much the […]

In brief: Turbervilles unveils Uxbridge property shop

Middlesex firm Turbervilles, with Nelson Cuff has opened a property shop at its Uxbridge offices. The estate agency, called Turbervilles Direct, is running in tandem with the firm’s existing conveyancing and financial services department.

When client confidentiality constitutes a crime

Lawyers could find themselves facing prosecution if they do not report suspicions of fraud among their clients. Keith Nuthall reports IF any professional legal malpractice could be labelled taboo, it would surely be breach of confidentiality, with all its consequences of undermining the basis of the solicitor-client relationship. But with the growth in sophisticated frauds […]

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