56 results
26 Nov 2018 11:59
Final means final (or does it?) Supreme Court confirmation in Dooneen v MondThe Supreme Court has handed down judgment in Scottish case Dooneen Ltd v Mond [footnote 1], giving important clarity for creditors, debtors, trustees and financial institutions as to the correct construction of the words “final distribution” in a voluntary trust deed. Walker Morris’ Banking and more...
23 Nov 2018 09:07
Disclosure: Important changes to procedure and practiceWhat is changing, and why? Whilst the full ‘cards on the table’ approach to disclosure in England and Wales may be an important aspect of the litigation process in England and Wales, it can often prove disproportionately expensive. The explosion in the volume of electronic data in recent years is more...
30 Oct 2018 11:03
Cryptocurrency & Law: Is global regulation possible?It’s been nine years since the release of the world’s first ever ‘Cryptocurrency’, Bitcoin, so how will law adapt towards the new and ever-developing virtual financial system in times to come? At present, the ‘legal status’ of cryptocurrencies varies between countries, especially with the continual more...
22 Oct 2018 10:09
Sean Larkin QC and Tom Broomfield appear in ex-UBS compliance officer insider trading matterFabiana Abdel-Malek, a former compliance officer at UBS, appears today at Southwark Crown Court charged with five counts of insider trading. Walid Chocair, a day trader, is also on trial accused of placing trades in stocks based upon insider information supplied by Ms Abdel-Malek. Sean Larkin QC has more...
18 Oct 2018 09:22
Push payment fraud: Update Autumn 2018Banking & 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 more...
12 Oct 2018 11:24
Newsflash: Changes to Debt Arrangement Scheme in Scotland approvedIn August 2018 Rob Aberdein explained proposed changes to the Debt Arrangement Scheme (DAS) in Scotland. The legislation enacting those changes has now been approved by Parliament and the new regime will come into force on 29 October 2019. The legislation and guidance can be viewed here. An article more...
11 Oct 2018 09:51
Disclosure in civil litigation: All change please, all change!First published in The In-House Lawyer magazine autumn edition. From 1 January 2019, a mandatory pilot scheme will operate in the Business and Property Courts across England and Wales, ushering in a new era of disclosure management in civil litigation. Walker Morris’ Head of Commercial Dispute more...
10 Oct 2018 10:12
Scotland to adopt Standard Financial StatementWalker Morris Banking & Finance Litigation partner Rob Aberdein provides an update on Scotland’s proposed adoption of the Standard Financial Statement. Common Financial Statement à Standard Financial Statement The Standard Financial Statement (SFS) – a tool for assessing income and expenditure and more...
2 Oct 2018 16:02
Newsflash: Cardiff v Flowers rule change confirmed and in effectRob Aberdein and Justin Coley explain a key change to the Civil Procedure Rules (CPR) following the Cardiff CC v Flowers consultation on enforcement of suspended possession orders. Key change comes into effect In August we explained proposed changes to the CPR following the Cardiff CC v Flowers more...
14 May 2018 11:15
Third Party Rights in FCA Supervisory Notices: room for more?Shail Patel of 4 New Square considers the decision of the Upper Tribunal in UK Innovative TI Limited v Financial Conduct Authority [2018] UT 0136 (TCC), confirming that third parties have no statutory rights in relation to supervisory notices issued by the FCA. However, with evident dissatisfaction more...
Cross-Border Insolvency Regulations Unlikely to Provide Safety Net for Recognition of Foreign Proceedings Following Brexit; Rule in Gibbs to Be Challenged
The application of the Cross Border Insolvency Regulations 2006 (CBIR), which contain the UNCITRAL Model Law, in English courts has been central to two major overseas restructurings in the past few months. In the restructurings of both Agrokor dd and the International Bank of Azerbaijan, foreign more...
Great Repeal Bill, UK Still Has to Negotiate For Judgments, Proceedings Recognition Under Brussels and EU Insolvency Regulations
The first draft of the anticipated “Great Repeal Bill” was published in July 2017 by the U.K. government. The bill sets out that from the outset of Brexit, the vast majority of existing EU law adopted by the U.K. will be incorporated into domestic legislation. This means that EU legislation, which more...
1 May 2018 10:55
Congratulations to Andrew Bird & James Fletcher for their inclusion in Who's Who legal 2018 edition5SAH would like to congratulate Andrew Bird and James Fletcher for their inclusion in Who's Who legal 2018 edition. Andrew Bird has been ranked in the guide for his work within asset recovery and James Fletcher continues to be ranked for his work within the field of criminal fraud. Andrew Bird is more...
End Of The Road for LIBOR Rigging Claims; or Just a Detour?
The Court of Appeal's decision in Property Alliance Group v RBS [2018] EWCA Civ 355 is a decisive victory for RBS over PAG. However, the door has undoubtedly been opened for other potential claimants. While the CA also made some significant findings on the bank's advisory duties and implied more...
14 Feb 2018 16:08
Wilberforce features in two of The Lawyer’s Top 20 Cases of 2018Wilberforce Chambers appears in two of The Lawyer’s Top 20 cases of 2018, identifying the year’s most talked about disputes. Five members are involved: John Wardell QC, Andrew Mold and Tim Matthewson opposite Paul Newman QC in KeyMed Ltd v Michael Woodford and Paul Hillman, and Edward Sawyer more...
Court approves banking transfer scheme in respect of Kleinwort Benson Bank Limited
On 30 October 2017, Carr J approved the banking business transfer scheme by which, as part of an internal restructuring, the entire business of Kleinwort Benson Bank Ltd (KBBL) was transferred to SG Kleinwort Hambros Bank Ltd (Kleinwort Hambros) pursuant to Part VII FSMA 2000. In addition, the judge more...
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