News & Analysis as of

United Kingdom Jurisdiction

Mayer Brown

Anti-Suit Injunctions, Arbitration Clauses and (Pro) Active English Courts

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Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the...more

Latham & Watkins LLP

UK US Data Bridge Practical Tips for Implementation and Compliance

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Latham & Watkins and Privacy Laws & Business recently co-hosted a webinar looking back on the first eight months since the UK-US Data Bridge entered into force. Speakers from the UK Information Commissioner’s Office (ICO) and...more

Walkers

15% Global Minimum Tax Rate: Draft Legislation lodged in Jersey

Walkers on

Following Jersey's intention to implement the OECD proposals for a 15% global minimum tax rate (known as "Pillar 2") in May 2024, draft legislation has now been lodged introducing a new standalone Multinational Corporate...more

McDermott Will & Emery

English High Court Enforces Asymmetric Jurisdiction Clause in a Syndicated Loan Facility Agreement

McDermott Will & Emery on

On 24 May 2024, the English High Court granted final injunctive relief to Barclays Bank Plc (Barclays), both in the form of an anti-suit injunction and an anti-enforcement injunction, arising out of a syndicated loan...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A New Entity Abroad, Part I - Hiring Employees

One of the primary concerns for an organization that wants to start conducting business in a new country must be the laws of the specific country. Employment regulations vary widely from country to country and may be so...more

Goodwin

DAOs in English law: another (but not final) step forward

Goodwin on

With so much focus on the regulatory treatment (and mistreatment) of blockchain related businesses, the benefits of commercial legal certainty for choosing a country or territory as a home of choice for these businesses is...more

BCLP

Courts at the Forefront of Innovation - Creating New Options for Service and Enforcement in Digital Asset Fraud Cases

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Financial fraud is one of the most corrosive forms of corruption. Digital assets, and particularly cryptocurrency, are a ripe target for fraud. Frauds involving digital assets have grown significantly in recent years....more

Mayer Brown

Managing Sovereign Immunity Risk on a Transaction – What Commercial Parties Need to Know

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AT A GLANCE - State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties. The nature of a state's role on any transaction may vary and its...more

Hogan Lovells

UK Government has ratified a new multilateral treaty on the enforcement of judgments: the Hague Judgments Convention 2019

Hogan Lovells on

The UK Government has ratified a new multilateral treaty on the enforcement of judgments: the Hague Judgments Convention 2019, which will take effect in the UK from 1 July 2025 and will apply to any judgment of the Courts of...more

Latham & Watkins LLP

FMLC Proposes New Rule on Governing Law for Digital Assets

Latham & Watkins LLP on

Proposed rule would be implemented by statute and would give primacy to parties’ choice of governing law and jurisdiction. There is at least a tentative consensus in English law that cryptocurrencies and other digital...more

Walkers

New trends in use of Jersey and Guernsey structures by US fund managers targeting European assets or capital

Walkers on

Over the last few months, we have started to see new trends in inquiries and instructions regarding the use of Jersey and Guernsey structures by US managers targeting either European assets, or European capital....more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the...more

Morrison & Foerster LLP

Finders Are Not Always Keepers: UK Supreme Court Confirms State Immunity in in Rem Claims

In Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16, the UK Supreme Court held that South Africa was entitled to state immunity in respect of an in rem (i.e., property based) claim by salvors of a World War...more

Walkers

Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Walkers on

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons"....more

BCLP

Courts at the Forefront of Innovation - US and UK Approaches to Service and Enforcement in Digital Asset Fraud Cases

BCLP on

Fraud involving digital assets, specifically cryptocurrency, is rapidly increasing on both sides of the Atlantic. In the UK, the value of reported crypto-fraud increased 41% between 2022/2023 reaching a record £306m, whilst...more

Latham & Watkins LLP

UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law

Latham & Watkins LLP on

The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take. In October 2023, the UK’s Jurisdiction Taskforce (UKJT), which is made up of...more

Patterson Belknap Webb & Tyler LLP

Courts Split Over Requirement for Chapter 15 Jurisdiction in the U.S.

To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States. 11 U.S.C. § 109(a). In cross border chapter 15 cases, courts have considered whether...more

Proskauer - The Capital Commitment

ESG in 2024: Traps for the Unwary

ESG continues to be a hot topic for 2024 for investors and regulators alike. The specific concerns investors and regulators have – and what they expect to develop over the coming months – differ, however, across...more

Mayer Brown

A Reminder Of The Circumstances In Which ADR Provisions In Dispute Resolution Clauses Will Not Be Enforced

Mayer Brown on

Will the English Courts always give effect to a mandatory, binding dispute resolution clause that includes ADR as a condition precedent to litigation?  The decision in the recent case of Lancashire Schools v Lendlease serves...more

BCLP

UK HR Two-Minute Monthly: March 2024

BCLP on

Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more

Proskauer Rose LLP

UK Tax Round Up - February 2024

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Settlement payment subject to tax as employment income - In Mathur v HMRC, the Upper Tribunal (UT) has upheld the FTT’s decision that a £6 million settlement payment to a former employee following an employment tribunal...more

Dechert LLP

Navigating the Shift: The Future of Non-Compete Clauses

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At Dechert, we have been closely monitoring legal developments with respect to the use of non-competes and other restrictive covenants and have observed a growing trend in the United States, the United Kingdom and France...more

Walkers

Why Guernsey and Jersey for private equity?

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Guernsey and Jersey have long been popular places used by private equity investors in acquisitions of target businesses given the advantages they offer over other jurisdictions. We're taking a closer look at some of these...more

Mayer Brown

Restructuring Downloaded: Episode 3

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In this episode Sheena Frazer and Amy Jacks discuss issues dealing with European assets post Brexit....more

Proskauer - Minding Your Business

UK Signs Hague 2019: New Clarity For Enforcement Of Choice Of Court Clauses In Finance Documents

Effective choice of court clauses (also known as jurisdiction clauses) are central to finance agreements. Reliable, certain process to enforce contractual obligations is essential for cross-border trade and finance...more

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