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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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The right to pray and work

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Grander designs in property

Real estate deals in Scotland are up but there are complex motives behind the sales and leases In 2012, many commentators retained a jaundiced view of property but that is not what we are seeing now. During 2013, and particularly since the summer, pedigree property players are raising the senior debt and equity necessary to […]

All-in@EiG 2013: gaming update

To coincide with the 12th European iGaming Congress and Expo, DLA Piper’s gaming team has launched All-In@EiG 2013, a resource containing updates and analysis of topical legal and regulatory issues across the globe. This year’s publication includes articles from Belgium, the Czech Republic, Germany, Italy, Spain, the UK and the US. If you are registered and logged […]

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Analysis: New Boies in town

After years of resisting a London base, Boies Schiller & Flexner is taking the leap. What changed? If you’d have asked a City corporate lawyer if they’d heard about Boies, Schiller & Flexner opening in London just a month ago, the likelihood is you’d have been met with a puzzled look. Like rival firm Quinn […]

New provisions for protected trust deeds in Scotland

By Andrew Foyle Under a protected trust deed (PTD), a debtor in Scotland can — as an alternative to formal bankruptcy — put his estate in the hands of a trustee for a fixed period so it can be administered for the benefit of his creditors. In return, the debtor is protected from enforcement action by his […]

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