BVI firm O’Neal Webster moves into London with former Walkers partner

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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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Keep calm and carry on — pre-termination negotiations and settlement agreements in force from 29 July 2013

This confidentiality protection is lost where there is ‘improper behaviour’ including ‘undue pressure’. Litigation is almost inevitable over where the line is to be drawn between ‘improper behaviour’ and sub-optimal practice. However, not allowing the employee a reasonable time (the ACAS code recommends a minimum of 10 days) to consider the formal offer or suggesting that, if […]

Scope of warranties in a share purchase agreement

Belfairs agreed to buy a majority stake in Waveform Solutions Limited (the target) from Sutherland. Belfairs also agreed to provide an additional £600,000 interest-free loan to the target. Sutherland was to lend the target £1m — it was agreed that this would be taken from the sale proceeds. The share purchase agreement (SPA) contained a warranty […]

AIFMD update — Cayman Islands

The Cayman Islands Monetary Authority has announced that it has entered into co-operation arrangements with the securities regulators of 25 European countries. This is welcome news as it means Cayman Islands funds can continue to be marketed to professional investors in these countries under national private placement regimes after 22 July 2013, the date the […]

Glasgow

Brodies appoints former Glasgow DLA Piper corporate partner

Brodies has hired DLA Piper partner Neil Burgess into its corporate team. Burgess, who will be based in Glasgow, specialises in acquisitions, disposals and investments in numerous UK and international transactions. He was at DLA for eight years, six and a half of which were as a partner, having previously worked at Australian commercial law […]

Mark Harrison

Work Life Quiz: Mark Harrison, principal, Harrisons

What was your first-ever job? Potato-picking for £1 a day. The farmer promised me £2 but refused to honour his agreement once I had finished the work. I think that’s when I began to like contract law. What was your worst experience as a trainee? Not mine, but a classic involved a fellow trainee returning […]

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