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Potential regulatory and transactional impacts for financial institutions

On 29 March 2017 the UK Government triggered Article 50 of the Treaty on European Union, giving notice to European Council of the EU of its intention to leave the EU and triggering a two year period of withdrawal...more

Agreements to agree and obligations to renegotiate: what can you rely on?

At the contract formation stage, leaving key issues for future negotiation may mean you only have an agreement to agree rather than an enforceable commitment. But what is the position if you include in the agreement an...more

FCA announces end to LIBOR in 2021: what next for loan contracts?

On 27 July 2017, Andrew Bailey, the CEO of the Financial Conduct Authority (FCA), announced in a speech at Bloomberg that LIBOR is to be phased out by 2021. This note considers what might replace LIBOR, and how this...more

UK beneficial ownership registers – how recent developments affect finance transactions

This year the UK government has introduced, updated and consulted on various measures to make the identity of those investing in the UK more transparent. Some, but not all, of these have been introduced to comply with the EU...more

Asymmetric jurisdiction clauses in finance agreements – where are we now?

Asymmetric jurisdiction clauses have been a common feature of English law finance agreements for many years, but there can be risks in using them. This article explains the most important recent developments for parties that...more

Security over financial collateral – the CJEU considers the "possession or control" test

The Court of Justice of the European Union (CJEU) has given a preliminary ruling on when a security holder has "possession or…control" of financial collateral for the purposes of Directive 2002/47 on financial collateral...more

Brexit: Brexit and loan agreements

Summary – the key things you need to know - - The Brexit vote is likely to have little immediate legal impact on most current finance agreements. It would be unlikely, for example, that a lender could call a typical...more

Loan agreements: when can terms be challenged as unfair or unreasonable?

English law contains no general principle that contractual terms must be fair or reasonable: parties must live with the bargain they have made. This is one of the ways in which English law is "lender-friendly": it enables...more

Cavendish Square – how the new penalties test affects banking transactions

In Cavendish Square Holding BV v. Makdessi and ParkingEye Ltd v. Beavis, reported together at [2015] UKSC 67 (Cavendish Square) the Supreme Court reviewed, and significantly recast, the basis on which a contractual term will...more

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