13 Mar, 2024 UK EMIR – draft Q&As on reporting By William Sykes Robert Daniell Edward Karsten Background The Financial Conduct Authority (FCA) and the Bank of England (BoE) previously published Policy Statement (PS23/2) setting out...
14 Feb, 2024 EU-niversal due diligence: the saga continues By Richard Fletcher Ryan Moore Jack Lewis ESMA gave the securitisation industry an early Christmas present on 21 December 2023 by publishing a consultation paper, Consultation on...
31 Jan, 2024 An overview of legal finance in England and Wales By Malcolm Hitching Ross Mullen On Monday 22 January, Burford Capital hosted a webinar on legal finance in England and Wales, which Macfarlanes was pleased to join. The...
16 Jan, 2024 UK litigation and legal assets funding - trends for 2024 By Malcolm Hitching James Popperwell Finlay Leggat 2023 was a busy and turbulent year in the UK litigation funding and legal assets sector, dominated as it was by the fallout from the...
04 Jan, 2024 Another junior creditor challenge to senior creditor enforcement: CPF One Limited & anor v Ortus Secured Finance I Limited By Adam Caines Judy Chu Subsequent to the High Court’s decision in Galapagos Bidco S.à r.l. v Dr Frank Kebekus [2023] WHC 13931 (Ch) (for more on which see our...
19 Dec, 2023 Diverging paths: EU-niversal and UK due diligence requirements for securitisations By Richard Fletcher Ryan Moore Jack Lewis The European Commission published a report on the functioning of the EU securitisation regulation on 10 October 2022 (the SECR Report)...
04 Dec, 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...
21 Nov, 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...
16 Nov, 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). ...
15 Nov, 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...
09 Nov, 2023 Innovation and technology in private credit By Adam Caines Oliver Jeffcott An interesting panel session at this year’s ACC Summit in Banking Hall, featuring participants from Arcmont and Metrics, centred on how...
06 Nov, 2023 Private debt – strong performance in the face of uncertain times: The Pitchbook Global Private Debt Report H1 2023 By Adam Caines Peter Chapman Katherine Hensby On 25 September 2023, Pitchbook published their Global Private Debt Report (Report) on H1 2023 activity in the private capital markets....
09 Oct, 2023 Penalising default interest: a spotlight on the bridging loan market By Adam Caines Christian Anthony Rachael Preston Katherine Hensby +1 more... Show less Earlier this year, the High Court ruled that a clause in a loan agreement which imposed a default interest rate of 4% per month...
03 Oct, 2023 Transparency to navigate a new normal: IOSCO reports on proposed good practices on leveraged loans, and emerging risks in private finance By Andrew Perkins Kirstie Hutchinson Jamie Macpherson Katherine Hensby +1 more... Show less On 14 September 2023, the International Organisation of Securities Commissions (IOSCO), the internal policy forum for securities...
17 Aug, 2023 ISDA amends the notices, force majeure and illegality provisions of the ISDA Master Agreement By Christine Long William Sykes ISDA have published a set of amendments to the ISDA Master Agreement (the ISDA MA) following the Covid-19 pandemic and sanctions on...
13 Jul, 2023 Article X does not (quite) mark the spot: UK Government considers implementation of two UNCITRAL Model Laws on Insolvency By Paul Keddie On 7 July 2022, the UK Government published a consultation on changing UK law to implement two model laws in the field of insolvency that...