Allen & Overy LLP

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Analysis: The Tax And The City Briefing For July

Redemption payments - The Court of Appeal (CA) has made short work of a case where loan stock was issued without interest but with a right to redemption proceeds of 7.25% per annum on the principal amount. The outcome is…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Time For a New Home?

The high number of companies, mostly U.S., eyeing acquisitions or ventures that will allow them to redomicile their business in the UK and Ireland is a major theme of this report. Mostly, it is about tax. But there is quite a…more
| Commercial Law & Contracts, Mergers & Acquisitions, International Law & Trade, Taxation

Relief from Sanctions Under CPR R3.9: The New Test

Denton & ors v TH White Ltd & anr [2014] EWCA Civ 906, 4 July 2014 - The Court of Appeal has set out new guidance, in the form of a three stage test, for the approach that should be taken by the court when a party seeks…more
| Civil Procedure, Civil Remedies

Money purchase deconstructed: Working with the new definition – a checklist for trustees and administrators

The definition of money purchase benefits is changing, and with it the rules on how schemes are required to deal with any benefit which becomes classified as ‘non-money purchase’. More information about these affected benefits…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

Various Changes To The Law On Occupational Pensions

Yesterday an act has entered into force which makes various changes to the legal framework of occupational pensions for employees, self-employed individuals and self-employed company leaders. You will need to assess…more
| Business Organizations, Labor & Employment Law

They think it's all over…

The late, great Ken Wolstenholme, if asked about the House of Commons Treasury Committee Report on Private Finance 21, could well say the same for PF2. Just as Costa Rica's Bryan Ruiz hammered home the final nail in the coffin…more
| Energy & Utilities, Finance & Banking, International Law & Trade, Government Contracting

High Court allows application for permission to bring judicial review proceedings relating to the jurisdiction of the Financial Ombudsman Service

In this case report, Sarah Hitchins, an associate in Allen & Overy LLP’s Banking, Finance and Regulatory Litigation Group, considers the High Court’s decision to allow an application for permission to bring judicial review…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Insurance

Brussels Regulation (Recast): Are You Ready?

This article looks at the concerns with Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation) and examines how far they are…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade

Global antitrust enforcement - 2014 mid-year report

Antitrust authorities on the offensive – the insatiable appetite of mature regimes for ever-increasing fines continues unabated, with the U.S., EU, Brazil, South Korea, Japan and Australia on pace to surpass their 2013…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

The end of the road for "one-way" jurisdiction and arbitration clauses?

Following the 2008 financial crisis, there has been greater focus by commercial parties on dispute resolution provisions in transaction documents. At the drafting stage, where (and how) parties' disputes are to be determined has…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade

EU Timber Regulations - How Robust Are Your Due Diligence Systems?

Whilst the European Timber Regulation dates back to 2010, it only took direct effect in Member States last year. Amongst other things, it requires operators to ensure they have due diligence systems in place to properly manage…more
| Commercial Law & Contracts, Environmental Law, International Law & Trade

FCA Fines Retail Investment Management Firm for Failings Relating to Fund Management

In this report we consider the FCA’s decision to fine Invesco Asset Management Ltd and Invesco Fund Managers Ltd (together, Invesco Perpetual) £18,643,000 for failings relating to fund management and for exposing investors to…more
| Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Good Faith And Employee Communications: Landmark ruling in IBM UK Holdings Ltd and IBM UK Ltd v Dalgleish and others

Employers undertaking pension scheme benefit change processes need to give careful consideration not only to the detail of member communications, but also to the overall impression they give and to member expectations which…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

VAT recovery and pension schemes: Where are we now?

HMRC’s policy on reclaiming VAT on investment management and other costs remains under review in the light of two recent decisions from the Court of Justice of the European Union. The first of these cases, PPG Holdings,…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, International Law & Trade, Taxation

Connected Health: Capturing Digital Opportunities

Her comment has been echoed by many market participants who have predicted that we are seeing the first wave of large traditional companies leveraging digital platforms and tools to drive growth and innovation. These companies…more
| Health, Science, Computers, & Technology
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