Financing

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Latest Briefings

Update on Bermuda private trust companies

Many offshore jurisdictions saw notable reforms in 2018. This article considers how recent changes to the regulation of financial services in Bermuda have affected private trust companies. These legislative amendments were made primarily to ensure that Bermuda’s legal framework remains up to date with international standards, which are aimed at maintaining the international financial system’s […]

The basics: How to wind up a corporate debtor

A company has outstanding debts and it seems they are struggling financially. What can you do to try and get your debts settled? Is applying to have the company wound up the answer? Here, we take a look at what you will need to consider before a decision is made and we take a look […]

Blowing hot and cold on the jurisdiction of an adjudicator

In the recent case of SKYMIST HOLDINGS LIMITED v GRANDLANE DEVELOPMENTS LIMITED [2018], the Technology and Construction Court (TCC), considered the principle of “approbation and reprobation” in “satellite litigation” over the jurisdiction of adjudicators. But is challenging the jurisdiction of an adjudicator worth the cost involved? We review the key points in the Skymist decision, and the TCC‘s […]

Is legislation pending on bankruptcy, pension plans and lenders?

Public consultations on enhancing retirement security led by the Ministry of Innovation, Science and Economic Development Canada closed in late 2018. Given the importance and complexity of the subject matter, the one-month consultation period offered by the government was curiously short. Given that 2019 is an election year, the quick completion of the process could […]

Apples to Oranges: how investigations differ from a litigation approach when implementing eDiscovery solutions

Competition matters, and investigations more generally, differ greatly in execution from the approach to eDiscovery taken in litigation.  Understanding the potential issues is paramount in developing an eDiscovery model that tackles the regulatory pressures faced by legal teams and their corporate clients. In the first article in this series we compare the different approaches and examine […]

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The fatal flaw of Claims Direct

Claims Direct’s commercial director did not mention the the most contentious part of his firm’s service – the reason why many personal injury specialists consider the scheme inappropriate (The Lawyer 6 October). He refers to the client paying 30 per cent plus tax if compensation is recovered. In fact that is only paid if compensation […]

Knight puts tunnel project back on track

Bill Knight of Simmons & Simmons is leading a legal team which claims to have saved the Channel Tunnel Rail Link (CTRL) project from disaster. His team of up to 48 lawyers created structural and financial solutions over the summer that will allow Railtrack, a long-standing client, to acquire a stake in CTRL after it […]

Divorce laws ignore heart of the matter

Divorce law reform may speed up the process, but the emotional costs will be high, says Simone Katzenberg. Simone Katzenberg is a partner at Ross & Craig and author of the series The Seven Stages of Divorce – part four of which is due to be published on 12 November. The Lord Chancellor, Lord Irvine, […]

London faces legal aid 'chaos'

The Legal Aid Practitioners Group (LAPG) has warned of legal aid “chaos” in London next month when a computerised system is introduced – following a catalogue of delay, non-payment and errors made by demoralised Legal Aid Board (LAB) staff throughout the country. The dramatic accusations, backed by the Law Society, come on the eve of […]

In brief: Martin Bowley QC

Due to a typing error it was incorrectly stated in Martin Bowley QC’s column last week that a 1 per cent levy on the Bar’s gross fee income would provide an award of £12m for 750 pupils. The figure should have been £12,500 for each of the 750 pupils.

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