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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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When is charity not a charity?

Is it time to change our ideas about what is and what is not a charity? More importantly, should changes in the perceptions, goals and techniques of charities be backed by changes to the law? Probably the most famous example of an institution that is a charity in law, but not in public opinion, is […]

Eversheds election

Eversheds’ national head of franchising, Martin Mendelsohn, has been elected an honorary member of the Franchise Association of South Africa (FASA), following a recent trip to the country.

The Lawyer launches Internet web site

THIS week, to coincide with the newspaper’s tenth anniversary, The Lawyer makes its debut on the Internet with the launch of its web site. The site complements the weekly issues of The Lawyer newspaper and contains all the week’s news and features, updated every Tuesday morning, as well as all the announcements and recruitment advertisements […]

Girling fights for rights of UK lawyers Stateside

The President of the Law Society, Tony Girling, will attempt to end a long-running dispute over requalification rights for English lawyers in New York, when he visits the US city to attend the International Bar Association’s 50th anniversary celebrations. Girling intends to take advantage of the visit this week to open a “direct line of […]

Far better a lender than a solicitor be

Lenders use their strong bargaining power against individual firms of solicitors by refusing to pay directly for legal services, but instead insisting that the solicitor collects fees from the purchaser client. This stands in stark contrast with the way lenders settle their bills with surveyors, which receive direct payment. So why is there a difference? […]

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