The Supreme Court ruling on ending life

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ATE Insurance Premiums – one door closed, another opened?

By Eamonn Hurley-Flynn In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged. Background Both cases concerned relatively […]

Proportionality – Compared with what? And how to assess

By Charles Crow Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely.  The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh […]

Moving Inevitably On: A Fixed Future on the Fast Track

By James Leslie Although to all outward appearances the machinery of government appears to have ground to halt, fixated with only resolving that one conundrum with an outcome which is far from certain, the Ministry of Justice appears not only immune to the partial paralysis, but intends to give certainty in an uncertain world – at least […]

J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd

By Jonathan Shaw Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice.  The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach […]

Housing design – a renewed emphasis

This week sees the second of the Party conferences. In the media, other events and issues have been ahead of homes and planning, but this week has seen the emergence of new policy priorities. The very long standing and intractable debate about need, constraints and delivery has not moved any further forward but design has […]

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Dispute resolution – Yes and no: how funders decide

By David Walker, Investment Manager (Solicitor) for Augusta Ventures According to Pythagoras: “The oldest, shortest words – ‘yes’ and ‘no’ – are those which require the most thought.” Litigation funders would wholeheartedly agree when deciding whether or not to fund a case. As the largest funder in the UK by volume of claims funded, Augusta […]

Bermuda introduces digital asset business amendment Act 2019

By Steven Rees Davies The Digital Asset Business Amendment Act 2019 (DABA Amendment ACT) became operative on 8 October 2019. The Amendment amends the Digital Asset Business Act 2018 that became operative on 10 September 2018 which regulates the digital asset sector in Bermuda. The Amendment replaces the existing definitions of “exchange”, “digital asset services vendor”, […]

The rules on economic substance in The British Virgin Islands

By Jeffrey Kirk On 9 October 2019, the ITA published the Rules on Economic Substance (Rules), which provide detailed explanations and interpretations of the legislative requirements of the Economic Substance (Companies and Limited Partnerships) Act, 2018 (ES Act).  The Rules closely follow the Draft ES Code that has been in circulation since April 2019. The […]

What are the key trends shaping the fund finance industry in Asia?

By Fiona Chan CAYMAN ISLANDS FUND VEHICLES IN ASIA The Cayman Islands continue to be one of the most popular offshore jurisdictions for the Asian finance industry. There are dozens of Chinese funds that manage USD1 billion or more and the Cayman Islands provide the international recognition that many of these managers are looking for. […]

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Clifford Chance and CMS Cameron McKenna Nabarro Olswang have advised on property fund manager Savills Investment Management’s acquisition of a 25 per cent stake in DRC Capital. M&A partner and The Lawyer Hot 100 2018 Christopher Sullivan led for DRC Capital, alongside associates Gregory Scott and Oliver Marcuse. Funds and investment management partner Gerard Saviola and senior associate Jonathan Bray advised […]

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