Latest Briefings

New legislative regime for virtual asset service providers

The Virtual Asset (Service Providers) Law, 2020 was gazetted on 25 May 2020 and will come into force upon issue of a commencement order in due course. The Law represents Cayman’s first legal framework for the registration, licensing and supervision of virtual asset service providers conducting business in the Cayman Islands.

Dishonesty: A change of approach

On 29th April 2020, following the decision in the case of R v Barton and Booth [2020] EWCA Crim 575, the Court of Appeal identified that the two-limb test for dishonesty as identified in the case Ghosh, is no longer the approach to be taken.

Cybersecurity requirements for licensees

Entities regulated under the Insurance Law will need to implement cybersecurity measures in proportion to their cyber risk profile by 27 November 2020 following the release of the Rule and Statement of Guidance on Cybersecurity for Regulated Entities by the Cayman Islands Monetary Authority on 27 May 2020.

Wirecard – has the German financial regulator lost its immunity?

The German regulator BaFin is being sued for abuse of authority following one of the biggest fraud scandals of the decade with German payment processor, Wirecard AG, filing for insolvency owing €3.5bn and its chief executive arrested on suspicion of accounting fraud and market manipulation. This article explores the situation and considers the need for change.

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Mills becomes a Dame in New Year honours

A TURBULENT year for Director of Public Prosecutions Barbara Mills QC has ended on an unexpected high note with the award of a DBE in the New Year’s Honours List. She is among a smattering of lawyers to appear in the list. It includes former Law Society president and Linklaters & Paines senior partner Mark […]

Notts Law Soc leaflets warn against cheap advice

Nottinghamshire Law Society has published a leaflet urging people to consult qualified solicitors in a bid to hit back at advertisements for low-cost legal advice. The leaflet, titled “Don’t take chances, get the best advice”, is part of its public awareness campaign to warn of the risks of opting for cheap legal advice advertised by […]

Finance

Garrett & Co’s Manchester office advised the North of England Venture Fund

Borrie & Lowe – The Law of Contempt (3rd Edition, 1996) Butterworths £125

In the 12 years since the 2nd Edition of Borrie & Lowe was published, the law of contempt has become increasingly complex, with no fewer than nine cases concerned with contempt having proceeded to the House of Lords. The 3rd Edition deals comprehensively with these recent cases, including extensive analysis of the Spycatcher and Lonhro […]

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Girling backs Official Solicitor's powers

Law Society president Tony Girling has cautioned against curtailing the discretionary powers of the Official Solicitor, saying it could lead to unfair disadvantages to beneficiaries of estates administered by him. Speaking about the review on the duties of the Official Solicitor, announced by the Lord Chancellor last week, Girling also warned of the difficulties of […]

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