Practice Areas

Schoenherr’s lead counsel advises Aves on the acquisition financing of NACCO/CIT Group

By Peter Feyl, Ursula Rath, Denisa Lazarescu Schoenherr, acting as lead counsel for the financing, successfully advised Aves One AG (“Aves”) on the financing of the acquisition of the NACCO/CIT Group. On 1 October 2018, Aves closed the NACCO/CIT Group transaction by acquiring 100% of NACCO Luxembourg S.à r.l. with around 4,400 freight cars, which will be managed […]

Loyens & Loeff’s banking partner relocates to its London office

By Marc Klerks, Willem Jarigsma  Willem Jarigsma, banking partner, has relocated to the London offices of Loyens & Loeff. He replaces Vincent Vroom who rejoins the firm’s restructuring practice in Amsterdam. Willem Jarigsma, managing partner of the firm from April 2014 until April 2018, joins tax partner Marc Klerks who also recently moved to London. […]

Walker Morris team explores opportunities in new entry-level exception sites and starters homes

By Richard Sagar, Karl Anders, Graham Whiteford, Josh Kitson Introduction This briefing note, prepared by the Walker Morris Planning Environment Team, explores the opportunities presented in the new National Planning Policy Framework (“NPPF2“). Specifically, the opportunities to obtain planning permission for new entry-level exception sites consisting of affordable housing for first-time buyers on previously unallocated […]

FCA published near-final rules amending the jurisdiction for SMEs and guarantors

By Paul Gair The FCA yesterday released its policy statement (PS18/21) 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 (CP18/31) detailing proposals for increasing […]

Walker Morris litigation specialists reviews regulator’s proposals for dealing with push payment fraud

By Louise Power, Rachel Elgar Banking & Finance Litigation specialists Louise Power and Rachel Elgar report on the Payment Systems Regulator’s (PSR) recent proposals for dealing with push payment fraud. What is push payment fraud? Payments are described as ‘push payments’ when the payer obtains the payee’s account details and instructs their bank to send (or push) […]

Impact of 2019 budget proposals on Dutch’s buyout sector

The Dutch government published important tax measures in its 2019 budget proposals with a potentially significant impact on the Dutch buyout sector. Some of these measures may result in a higher effective tax burden if appropriate action is not taken…

The meaning of occupation in the context of business rates

By Sophie Tracey, Lucy Shepherd In a decision that will be welcomed by property owners, a recent case has considered the meaning of ‘occupation’ in the context of business rates and has decided that the motivation for occupation is not relevant. Background Principled Offsite Logistics Ltd (POLL) applied for judicial review to challenge a local authority’s […]

Overage provisions helping landowners to ensure a fair price for its land

By Bhavesh Amlani, Michael Callaghan Overage provisions are a common feature of the development landscape, helping to ensure that a landowner receives a “fair” price for its land. Introduction Overage provisions give a landowner the right to receive a future payment following the sale of the property if the developer enhances the value of that property. […]

Luxembourg legitimising and embracing blockchain technology

By Bertrand Geradin What is the new securities law about? Since Bitcoin’s blockchain technology entered the mainstream, the crypto-currency market has boomed at an incredible rate. Blockchain – the underlying distributed ledger technology behind Bitcoin – has the power to disrupt many industries, and in particular to revolutionize the security of ownership. Luxembourg has opted to […]

CJEU allows full deduction of VAT on aborted transactions

VAT on abort costs in case of an unsuccessful takeover bid is deductible, provided the buyer intended to supply management services for consideration to the target company. This was ruled by the Court of Justice of the European Union (“CJEU”) in the Ryanair case (C-249/17) issued on 17 October 2018. Facts of the case Ryanair […]

Legal compliance matters to consider for E-Commerce market

By Jocelyn S Paulley The barriers to entry to the world of retail have reduced significantly with the rise of e-commerce. This is not a single route to market as the e-commerce world has developed its own structures, such as selling through aggregators, platforms, highly curated markets, as well as simply through a brand’s own […]

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