Dec 08, 2023 Supreme Court victory for the Fishers confirms that shareholders are not “transferors” under the Transfer of Assets Abroad regime By Jennifer Smithson Andy Carruthers Klara Kronbergs The UK Supreme Court recently handed down the final judgment in the long-running Fisher1 Transfer of Assets Abroad (TOAA) litigation,...
Dec 07, 2023 Play your cards right: betting company secures DPA in relation to historic bribery By Helen Harvey Jessica Arapu Victoria Braid What started off in 2019 as an HMRC investigation into the activities of Entain Plc’s (Entain) former Turkish-facing online betting and...
Dec 07, 2023 The FCA's Overseas Funds Regime consultation: what does it cover? By Lora Froud Tiffany Cox Emma Garnham Gavin Haran +1 more... Show less On 4 December 2023, the FCA published its consultation (CP23/26) on operationalising the Overseas Funds Regime ("OFR"). Significantly...
Dec 07, 2023 A risky business: using without prejudice material in adjudication By Mark Lawrence Richard Alam Philip Kershaw Introduction The High Court’s recent decision in AZ v BY [2023] EWHC 2388 (TCC) concerns the use of material that is subject to without...
Dec 04, 2023 Don’t fall asleep at the wheel: the role of directors in the current markets By Jatinder Bains Paul Keddie Lois Horne Katherine Hensby +1 more... Show less On Thursday 9 November, Macfarlanes hosted a webinar which focused on the role of directors and in particular navigating those stresses...
Nov 30, 2023 The evolution of core real estate By Nicole Mitchell One silver lining of lower transaction volumes and a slower capital raising environment is the opportunity to pause for thought and...
Nov 24, 2023 Autumn Statement 2023 - private client perspective By Nicholas Harries Klara Kronbergs After much speculation concerning significant reforms to inheritance tax (IHT) - including a cut to the headline rate, an increase to the...
Nov 21, 2023 A dose of legal certainty: CMA’s Prioritisation Statement provides guidance for co-operation between suppliers of combination therapies By Andrew Morrison Uwen Yap The Competition and Markets Authority (CMA) published a Prioritisation statement on combination therapies on 17 November 2023 (the...
Nov 21, 2023 All that glitters is not gold: "Red Alert" published on gold-based sanctions circumvention By Neill Blundell Helen Harvey Lara Gardiner A "Red Alert" has been published by a multi-agency working group including the National Economic Crime Centre, the Office of Financial...
Nov 21, 2023 Lender security over rent accounts: navigating account bank requirements By Laura Bretherton Sophia Bell In real estate finance transactions, a borrower will usually be required to grant a charge over their bank accounts to the lender. One of...
Nov 20, 2023 PRA releases consultation paper on funded reinsurance By Andrew Barton Madison Isted Emma Waters On 16 November 2023, the PRA published a consultation paper on funded reinsurance. The PRA has made several proposals to address what it...
Nov 20, 2023 AIFMD II - Final compromise text published By Gavin Haran Samuel Brooks Michael Sholem Shang-Hsuen Koh +1 more... Show less The “final text” of the amending directive (AIFMD II) on the amendment of Directive 2011/61/EU on alternative investment fund managers...
Nov 16, 2023 Operational real estate finance breakfast panel By Laura Bretherton Nicole Mitchell On Wednesday 15 November, Macfarlanes hosted a breakfast panel discussion which focused on financing of operational real estate (OpRE). ...
Nov 15, 2023 FCA "Dear CEO" letter to wealth managers and stockbrokers By Alexandra Green Rachel Serene The Financial Conduct Authority (FCA) has published its latest “Dear CEO” letter to wealth managers and stockbrokers setting out the key...
Nov 15, 2023 Supreme Court allows Danish tax authority to litigate in English courts By Edward Reed Alice Mason Victoria Braid The Supreme Court has recently ruled that a claim brought by the Danish Customs and Tax Administration, Skatteforvaltningen (SKAT), is...
Nov 15, 2023 Galapagos restructuring ends with an effective “Distressed Disposal” and a win for senior creditors By Timothy Bromley-White Joshua Portway Any restructuring where there are multiple tiers of debt and lenders with different interests and views can be tricky. Lenders will try...