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Redress scheme outcome challenges – Have they ended?

By Paul Gair The recent case of R. (on the application of Holmcroft Properties Ltd) v KPMG LLP 2018 WL 04636705 has confirmed that Judicial Review is not the appropriate avenue for a bank customer unhappy with an accountancy firm acting as a ‘skilled person’ in approving an offer of compensation by his bank under a redress […]

English Courts grant freezing order against unidentified individuals

By Nick Curling In CMOC v Persons Unknown [2017] EWHC 3599 (Comm) the claimant, China Molybdenum Company (CMOC), successfully obtained a worldwide freezing order against a class of unknown respondents. This was the first time the English Courts have granted a freezing order against unidentified individuals. Background The claim underlying CMOC’s freezing order application related to losses […]

Pay.UK releases rules and guidance for the confirmation of payee (CoP) service

By Elena Kyriakou On 18 October 2018 Pay.UK announced it had released to the market the standards, rules and guidance for the confirmation of payee (CoP) service. This is the latest in the line of industry initiatives to help protect consumers from falling victim to Authorised Push Payment (APP) fraud. When delivered by payment service providers, […]

Social housing monthly law update – October 2018

By David Isaacson Highlights of this month include: Autumn budget coming up Government announces new generation of council housing Bereavement (Leave and Pay) Act 2018 receives Royal Assent Government announces new housing measures Download the full update to get fully up-to-speed on the past month.

FOS expansion to SMEs – near-final rules published

By Paul Gair The Financial Conduct Authority yesterday released its policy statement on SME access to the Financial Ombudsman Service (FOS), setting out its near-final rules for amending the compulsory jurisdiction to include new definitions for “small businesses” and “guarantors”. At the same time, it has released a new consultation paper detailing proposals for increasing […]

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Impact of DSARs in the GDPR Era

Since the General Data Protection Regulation (GDPR) went into effect this past May, there has been a significant uptick in the number of data subject access requests (DSARs). Due to these regulatory changes, along with steep fines and shorter deadlines to complete requests, the compliance burden on organizations has to be taken seriously. To effectively […]

British Virgin Islands introduces the Micro Business Companies Act

By Alan Hughes As a leading oÂshore Ênancial center and in keeping with its constant drive toward the development and implementation of robust, modern and progressive corporate products, the British Virgin Islands (BVI) has recently introduced the Micro Business Companies Act (the “MBC Act”) – bespoke and innovative legislation designed speciÊcally toward developing and supporting the […]

Court’s guidance on identifying a firm’s centre of interests

By Duncan Lole, Gawain Moore, Geoff Cunningham In the recent case of Re Videology Ltd, the English High Court considered the factors relevant for determining a company’s centre of main interests (or COMI) and whether it had an establishment in a foreign jurisdiction for the purposes of the Cross-Border Insolvency Regulations 2006. Walker Morris insolvency experts, Duncan […]

Austria – Has due diligence obligations for shareholder creditors increased?

The Austrian Insolvency Code provides for the possibility to challenge certain disadvantageous transactions carried out by the debtor after material insolvency has occurred, especially if the creditor knew or should have known of its debtor’s material insolvency. This risk of legal actions being contested is of particularly high relevance for shareholders who are also creditors […]

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