Bank fails in attempt to exclude "Quincecare" duty
Yesterday, the Commercial Court rejected a bank's application to strike out its customer's $1bn claim based on a "Quincecare" duty of...
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Investment Association issues fund communication guidance
The Investment Association (IA) has published its final guidance on the clarity of language in fund documentation for UK authorised...
Taxing digital and beyond: the dawn of BEPS v2.0
The OECD has published a public consultation on several proposals seeking consensus on how to tackle the challenges arising from the...
Putting the break on state aid tax cases
On 14 February 2019, the General Court of the European Union’s decision put a brake on the European Commission by annulling its decision...
Rock, paper, scissors: UK court prevents disclosure of documents to comply with a US subpoena
In a judgment on 12 February 2019, Mr Justice Hildyard ruled in the High Court that a company was not permitted to deliver documents that...
European Commission includes Saudi Arabia on dirty money blacklist
The European Commission has adopted a controversial anti-money laundering “blacklist” of 23 countries amidst a political tug of war over...
Cairncross Review recommends CMA investigation into competition in online advertising
On Tuesday of this week, the Cairncross Review into a sustainable future for journalism was released. The Review highlights failures of...
Market abuse requires a dynamic response to a changing risk profile
Some choice words from the FCA's Director of Market Oversight, Julia Hoggett, in a speech discussing market abuse. New technology will...
New Stamp Duty surcharge on residential property
HMRC has published details of a proposed 1% Stamp Duty Land Tax (SDLT) surcharge for residential property purchases by non-UK residents....
A spate of developments but new securitisation disclosure requirements still lack clarity
Background
On 1 January 2019, a new framework for European securitisations took effect under the EU Securitisation Regulation.
As part of...
Show me the money: the NCA uses its new account freezing orders to seize significant criminal funds
The National Crime Agency (NCA) announced yesterday that it has used its new powers of account freezing orders (AFOs) to make an...
Regulatory sandbox goes global
Last week the Financial Conduct Authority (FCA) announced that the Global Financial Innovation Network (GFIN) is accepting applications...
Material seized during a criminal investigation is disclosable in civil proceedings - case law update
Under section 2 of the Criminal Justice Act 1987, the Director of the Serious Fraud Office (SFO) has various investigation powers. In...
FCA publishes latest rules on disclosure to investors following the asset management market study
On 4 February 2019, the Financial Conduct Authority (FCA) published policy statement (PS19/4) setting out the latest rules and guidance,...
FCA agrees MoUs to enable delegation models post-Brexit
The Financial Conduct Authority (FCA) has announced that is has agreed Memoranda of Understanding (MoUs) with the European Securities and...
Legal DIY: a new code for private prosecutions is in the offing
In June 2018, Paul Sultana was convicted for an £88m fraud and jailed for 8 years. This case was particularly interesting, and received...
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