Allen & Overy LLP

Upper Tribunal Finds That Individual Lacked Integrity Due To Recklessness

In this case report, we consider the decision of the Upper Tribunal (Tax and Chancery Chamber) in Ghanshyam Batra v Financial Conduct Authority [2014] UKUT 214 (TCC), in which the Upper Tribunal upheld the FCA's decision to fine…more
| Administrative Law, Business Torts, Civil Procedure, Finance & Banking, Real Estate - Residential

High Court Confirms Process For Distributing Client Money Held By Firm In Special Administration

In this case report, we consider the High Court judgment in Re Worldspreads Ltd v Re Investment Bank Special Administration Regulations 2011 [2015] EWHC 1719 (Ch) (19 June 2015). Originally published in Practical Law on…more
| Administrative Law, Bankruptcy, Business Organizations, Finance & Banking, Securities Law

The Luxembourg Supervisory Authority Publishes Helpful Guidance On AIFMD Marketing Rules

The Luxembourg act of 12 July 2013 on alternative investment fund managers (AIFMs) implemented the AIFMD into Luxembourg law (the AIFM Act). The AIFMD is a maximum harmonisation Directive, which means that EU Member States have…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

FAQ - Russia’s Data Localisation Law

What does the new law do? It introduces a requirement for personal data of Russian citizens (individuals) to be processed by data operators who collect such personal data using data centres located in the Russian…more
| International Law & Trade, Privacy, Science, Computers, & Technology

Net Neutrality And The End Of EU Roaming Charges ? Not There Yet

Following years of debate and intense lobbying, a long awaited agreement has finally been reached on a proposed EU regulation on net neutrality and mobile roaming surcharges. This has its origins in the more ambitious Connected…more
| Communications & Media Law, Elections & Politics, International Law & Trade, Science, Computers, & Technology

High Court Holds That Liability For Series Of FOS Complaints Did Not Transfer By Way Of Part VII FSMA Business Transfer Scheme

The court considered whether liability for a series of Financial Ombudsman Service (FOS) complaints had been transferred by way of an insurance business transfer scheme under Part VII of the Financial Services and Markets Act…more
| Commercial Law & Contracts, Insurance

Private Copying Exception – Now You See It, Now You Don’t!

The High Court has quashed the Personal Copies for Private Use Regulations (the Regulations)2 which amended the Copyright, Designs and Patents Act 1988 (the Act) to introduce section 28B, with prospective effect. This follows…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Vienna Deal Brings Iran In From The Cold

After months of wrangling, a deal has finally been reached allowing Iran to develop a peaceful domestic nuclear programme with the lifting of economic and financial sanctions.This is on the strict proviso that Iran does not…more
| Elections & Politics, Energy & Utilities, Finance & Banking, International Law & Trade, Transportation

FCA Rules May Inform Standard Of Common Law Duty Of Care Owed By Financial Adviser To Client

In this case, we consider the decision of the County Court in David Anderson v Openwork Ltd [2015] EW Misc B14 (18 June 2015) in which it dismissed an appeal against an earlier decision, finding that where a financial adviser…more
| Civil Procedure, Finance & Banking, Business Torts

Belgian FSMA Consultation On Marketing Materials For Financial Products Distributed To Non-Professional Clients – July 2015 Update

The Belgian FSMA has launched a consultation on the new rules on marketing materials for financial products distributed to retail clients, introduced by the Transversal Royal Decree…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, International Law & Trade, Securities Law

CJEU Ruling In Huawei/ZTE Leaves The Door Open To Injunctive Relief In SEP Litigation

The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and…more
| Antitrust & Trade Regulation, Civil Remedies, Commercial Law & Contracts, Intellectual Property, International Law & Trade

New Tax Rules To Encourage Foreign Investment Into Australia

Effective 1 July 2015, the new “investment manager regime” provides a much simplified tax system for inbound foreign investors, and should be a welcome change for foreign investors who struggle with the complexities of the…more
| Finance & Banking, International Law & Trade, Securities Law, Taxation

The Fair and Effective Markets Review: The Final Report

Overall, the Final Report sets out some important proposed changes for FICC markets, such as creating a new statutory civil and criminal market abuse regime for spot FX, lengthening the maximum sentence for criminal market abuse…more
| Finance & Banking, International Law & Trade, Securities Law

ASIC Weighs In On Financial Benchmarks

In it, ASIC provides its view on the importance of benchmarks, identifies which Australian and international benchmarks it considers systemically important, summarises the various different regulatory responses and reforms…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

Employer investigations

The case concerned four police officers' claims against the Metropolitan Police Commissioner (the Commissioner) (their quasi-employer) for the way the Commissioner handled a claim by a suspected terrorist alleging police…more
| Labor & Employment Law
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