United Kingdom

News & Analysis as of

2015 Autumn Statement and Spending Review Released

The statement is tax light, but there is continued focus on carried interest. On 25 November, the UK Chancellor of the Exchequer George Osborne made a number of tax-related announcements in the 2015 Autumn Statement and...more

Could the UK see a shake-up of its Data Retention Powers? Questions referred to the CJEU

On 20 November 2015 the UK’s Court of Appeal referred questions on data retention to the Court of Justice of the European Union (CJEU) following a challenge to the Data Retention and Investigatory Powers Act (DRIPA) 2014....more

FCA consults on UK implementation of the Market Abuse Regulation

On 5 November 2015, the Financial Conduct Authority (FCA) published a consultation paper CP15/35: Policy proposals and Handbook changes related to the implementation of the Market Abuse Regulation (2014/596/EU) (Consultation...more

High Court Approves Amending Scheme for Orion and London and Overseas

On October 29, 2015, the High Court of Justice of England and Wales (“High Court”) issued an order (“Order”) approving an Amending Scheme of Arrangement (“Amending Scheme”) for two insolvent London Market insurers, OIC...more

Autumn Statement 2015 - Employment Tax Update

There are few proposals in the employment tax sphere in the Autumn Statement and even in relation to the proposals which have been announced, detail is lacking. In particular, HMRC's response to its consultation on changes to...more

Dismissal of Employee on Long-Term Sick Leave

In Monmouthshire County Council v Harris UKEAT/0332/14/DA, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee on long-term sick leave. Mrs Harris, an employee of Monmouthshire...more

Reforms in the UK Export Control Organisation (ECO)

The ECO is making a combination of reforms, intended to improve its service in support of responsible defence and security exports while at the same time ensuring that the objectives of strategic trade controls to protect...more

The FCA wades into the debate on privilege

In a speech on 5 November, the Financial Conduct Authority (“FCA”) criticized some firms for letting “legal privilege become an unnecessary barrier” in sharing the output of internal investigations with the FCA. The speech...more

PSR releases IFR information requests

PSR has published the information requests sent in relation to the Interchange Fee Regulation (IFR). Requests have gone to American Express, Diners Club International, JCB International, MasterCard, UnionPay International and...more

Cloud Computing in the Financial Services Sector – the UK FCA Gets On-Message

It’s been a long wait but the UK’s financial services regulator, the Financial Conduct Authority (FCA), has published proposed guidance for UK-regulated financial services firms when using cloud computing solutions to...more

White Collar Crime in Europe Themes and Trends: November 2015

There continues to be an increasing appetite amongst authorities around the world to investigate corporates and banks for a range of criminal offices. Governments are also introducing new criminal offences aimed at...more

UK Autumn Statement 2015 – Key Tax Measures

The Chancellor of the Exchequer delivered his budgetary Autumn Statement on 25 November 2015. In this Client and Friends Alert we have outlined the key tax measures that we expect to be of interest to Cadwalader’s clients...more

Autumn Statement 2015 - Real estate tax update

On 25 November the Chancellor delivered the 2015 Autumn Statement. From a real estate perspective, there were a few significant announcements. Stamp duty land tax (SDLT) Additional 3% on all bands on "additional"...more

Why Redundancy is Not a Safe Remedy for Poor Performance

Sometimes managers can appear to think that dismissals for redundancy or poor performance are interchangeable. But the procedures which need to be followed in the UK in either case, to avoid an employee being able to bring a...more

Your daily dose of financial news The Brief – 11.30.15

Another Black Friday has come and gone (and hey, welcome to Cyber Monday and a big financial week ahead), but the truth is that it’s not quite what it used to be—both for brick-and-mortar retailers and for those using it to...more

The UK's Apprenticeship Levy -- a helpful reset to the legal labor market?

The Law Society Gazette reports a new apprenticeship levy that will be imposed in 2017 on UK employers with more than £3 million in payroll. The Gazette notes that the levy, which totals .5% of payroll, will sweep in nearly...more

Back to basics... Contractual interpretation

It often seems to be the case that contractual wording which seemed crystal clear during negotiations somehow becomes much less clear by the time it has to be looked at again… often at a point in time when the parties are on...more

The Autumn Statement – auto-enrolment tweaks and a wait till spring...

Background - Another autumn means another Autumn Statement. This year's statement by the Chancellor was focused on things other than pensions – the U-turn on tax credits, infrastructure spending and house-building, and...more

The UK Contractual Recognition Of Bail-In Rules: Partial Delay To Implementation

On 25 November 2015, the Prudential Regulation Authority (PRA) published a ‘waiver by consent’ in relation to the contractual recognition of bail-in requirements. To the extent that it would be impracticable for firms to...more

UK Employers Need to Respond Carefully to ‘Blackmail’ from Departing Employees

Settlement agreements are designed to settle actual or potential claims or the terms on which an individual’s employment comes to an end. Negotiating them can be highly sensitive. In difficult situations, especially...more

UK Autumn Statement 2015

This has been a rather underwhelming Autumn Statement by the Chancellor from a tax perspective as it is lighter in tax content than usual. Unlike in recent years, non-domiciled taxation did not feature prominently in this...more

Court of Appeal and English High Court Reshape Cartel Damages Litigation Landscape in Air Cargo

Court of Appeal confirms presumption of innocence is absolute and strikes out economic tort claims; English High Court strikes out entirety of claim brought on behalf of over 60,000 Chinese claimants. Background...more

Legal Advice Privilege In The Context Of A Regulatory Investigation

In this case report, we consider the decision of the High Court in Property Alliance Group Ltd v The Royal Bank of Scotland plc [2015] EWHC 3187 (Ch) (5 November 2015). In the latest in a series of procedural decisions in...more

High Court Reaffirms the Broad Scope of Legal Advice Privilege

In a High Court ruling on 5 November 2015, Mr. Justice Snowden helpfully reaffirmed the established precedent that legal advice privilege is not confined to telling the client the law: it may also attach to factual updates...more

2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds

Proskauer has released the 2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds. The 88-page report is a summary of significant legal changes and developments in the private funds space...more

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