Living on the Edge

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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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Lords stand firm on legal advice privilege

The House of Lords today reaffirmed the rules governing legal advice privilege in its full judgment in Three Rivers. As indicated in July, the Lords overturned the decision of the Court of Appeal regarding the disclosure of communication between Freshfields Bruckhaus Deringer and client the Bank of England. They clarified that the law as set […]

Clydes dissenters lose dismissal case

Three solicitors and the head of education and train-ing at Clyde & Co have had their unfair dismissal claims against the firm dismissed. The four were dismissed after refusing to change their pension policies from an Equitable Life-managed final salary scheme (FSS) (which the firm had used since 1977) to a money purchase group pension […]

DCA targets legal aid in asylum cases with new consultation

The Department of Constitutional Affairs (DCA) is launching a six-week consultation into proposed new legal aid arrangements for asylum seekers. Under a new appeals system coming into force in April next year, asylum seekers will be able to challenge decisions of the Asylum & Immigration Tribunal (AIT) in the High Court if they believe an […]

United Biscuits legal chief quits for Viacom role

United Biscuits’ (UB) head of commercial law Ian Haslegrave has quit the UK’s biggest biscuit maker to join Viacom. Haslegrave is due to leave UB on 3 January and is starting his new role as European legal director for business and legal affairs for Viacom Outdoor, the advertising contractor owned by the media giant which […]

Field days

The Zimbabwe row, drugs testing and burning referees are all in a day’s work for the International Cricket Council’s Urvasi Naidoo. Ben Mitchell reports Big business dictates that football often dominates both the front and back pages in the national media. The spotlight also regularly falls on the more unsavoury aspects of the game, including […]

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