Offshore Case Digest: issue 8

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Digital asset business act marks a new chapter in Bermuda’s fintech revolution

By Chris Garrod Bermuda’s recently passed Digital Asset Business Act, 2018 (“DABA”) adds a new layer to the Island’s fintech transformation. The legislation, which is likely to come into force in September, covers the licensing of entities which will carry on digital asset business in or from Bermuda. It is completely separate from the new […]

Constant evolution maintains Cayman Islands fund leadership

By Gene DaCosta As the long-term offshore leader for the formation and domicile of hedge funds, and a hotbed of activity in the private equity market, the Cayman Islands has always been a trailblazer and a beacon for the efficient deployment of global capital. This reputation has endured over decades and remains as solid today, […]

Bermuda land title registration – Your questions answered

By Francesca Fox The Land Title Registration Act, 2011 (the “Act”), as recently amended, is likely to come into full effect in August. Bermuda landowners may have a number of questions concerning this legislation, which we aim to answer in this article…

Cayman Islands monetary authority issues guidance on anti-money laundering regulations

By Gene A. DaCosta and Maree Martin By Notice of 20 July 2018 the Cayman Islands Monetary Authority (“CIMA”) has responded to a number of frequently asked questions by confirming that all funds (regulated and unregulated) that conduct relevant financial business in or from within the Cayman Islands must appoint suitably qualified managerial level natural persons […]

British Virgin Islands incubator and approved funds

By Robert J.D. Briant Cementing its reputation as the offshore jurisdiction of choice for new managers and start-up funds, the British Virgin Islands’ innovative Incubator and Approved Fund products continue to grow in popularity, as they allow managers to start building a track record and launch funds under less stringent regulatory conditions…

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M&A activity in Ireland valued at €70.9bn in first half of 2018

The first six months of 2018 have been notably buoyant for Ireland’s mergers and acquisitions (M&A) market. Dealmakers were kept busy with a pipeline of transactions, in a continuation of the active market that was evident last year…

Retail Risk Report 2018: Digital disruption and regulatory changes

By Kerry Gwyther 2018 has been a particularly challenging year for retailers so far, combining tough trading conditions with digital disruption and major legal and regulatory changes. Our Retail Risk Report, now in its fourth year, is a single point of reference to help retailers understand the legal and regulatory changes taking place in 2018 […]

When can a force majeure clause in contracts be relied on?

By Tom George, Daniel Wood and Cathy Moore In times of economic and/or political uncertainty, parties to construction contracts may consider whether they have a right to rely on force majeure provisions as a justification for temporarily or permanently failing to perform substantive obligations. We review the recent decision in Seadrill Ghana Operations Ltd v Tullow Ghana […]

Blockchain roundtable: addressing the regulatory challenges of disruptive innovation

The Blockchain Research Institute (BRI) recently gathered nearly 70 global leaders in finance, law, government, academia and innovation for a special roundtable discussion that explored the challenges surrounding blockchain regulation. Usman Sheikh, Gowling WLG partner and National Head of the firm’s Blockchain & Smart Contract Group, co-led the forum with blockchain pioneer and co-founder of BRI Don Tapscott, […]

Sentencing Council publishes gross negligence manslaughter definitive sentencing guideline

The penalties imposed on individuals for fatal accidents in the workplace are set to increase after the Sentencing Council for England and Wales published its definitive sentencing guideline for gross negligence manslaughter. Walker Morris health and safety experts, Stuart Ponting and Robert Starr, consider the new guideline and the implications for employers and directors…

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AstraZeneca strikes drug discovery collaboration deal with Orca Pharmaceuticals

Wragge Lawrence Graham & Co life sciences experts have advised long-standing client AstraZeneca on a three-year drug discovery collaboration agreement with Orca Pharmaceuticals. The agreement will give AstraZeneca access to inhibitors of acid-related orphan nuclear receptor gamma (RORg) developed by Orca Pharmaceuticals with the potential to treat a range of autoimmune disorders. The collaboration combines the scientific […]

Blow for Law Society as High Court throws out judicial review into legal aid

Today’s High Court decision to uphold the Lord Chancellor’s criminal legal aid reforms following a judicial review is disappointing news for the Law Society, which has vowed to take its fight against criminal legal aid cuts to the Court of Appeal. Law Society president Andrew Caplen said the judgment had a “concerning potential effect upon […]

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Law Society instructs Kingsley Napley to launch JR of 600% court fee hikes

The Law Society has instructed Kingsley Napley to bring legal action against the Government over court fee hikes that it claims are “tantamount to selling justice”. The body has launched proceedings for a judicial review to challenge ministers’ plans to raise court fees by up to 600 per cent for claimants using the civil, family […]

SEB Trygg wins Swedish appeal court battle with help from Eversheds

Svea Court of Appeal has ordered Svensk Vårdförmedling to pay around £400,000 to SEB Trygg Liv, represented by attorneys Magnus Andrén and Hans Forssell of Eversheds Stockholm. In doing so the court quashed the judgement of the Stockholm District Court, which had found in favour of Vårdförmedling. The dispute concerned the premature termination by SEB […]

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