The FCA plans to streamline its approach to enforcement and publicise investigations at an early stage.
On 27 February 2024, the FCA published a Consultation Paper (CP24/2) on its proposed new approach to publicising...more
Recent changes to the PRA’s approach to enforcement show an increased focus on expediting the investigative process and incentivising early admissions.
On 30 January 2024, the Bank of England (the Bank) unveiled a number...more
2/28/2024
/ Attestation Requirements ,
Bank of England ,
Banks ,
Enforcement Priorities ,
Financial Institutions ,
Government Investigations ,
Prudential Regulation Authority (PRA) ,
Senior Managers ,
Settlement ,
UK ,
Voluntary Participation
The Court of Appeal ruled that losing proprietary rights under foreign law could invalidate personal claims against third party recipients of trust assets.
On 27 January 2022, the UK Court of Appeal unanimously dismissed...more
The decision highlights a potential tactical advantage of late acceptance in certain circumstances. In Roxanne Pallett v. MGN Limited, the High Court held that the usual costs consequences of accepting a Part 36 offer do not...more
Ruling provides guidance on how close to insolvency a company needs to be before directors must consider creditors’ interests.
The UK Court of Appeal has ruled that the payment of a lawful dividend did not, on the facts,...more
4/3/2019
/ Appeals ,
Board of Directors ,
Breach of Duty ,
Creditors ,
Dividends ,
Parent Corporation ,
Shareholders ,
Subsidiaries ,
UK ,
UK Companies Acts ,
UK Insolvency Act
The court offers guidance on reversing lawful dividend payments and when directors need to take into account creditors’ interests.
On 6 February 2019, the UK Court of Appeal published a judgment in BTI v. Sequana that will...more
Ruling provides helpful reminder to directors, companies, and creditors that Section 423 of the Insolvency Act 1986 applies even outside of insolvency.
Background -
The UK Court of Appeal has upheld a decision that a...more
Section 423 of the Insolvency Act 1986 continues to be a useful tool available to creditors for challenging transactions at an undervalue.
Section 423 gives the English court the power to set aside a transaction (most...more
Recent decision adopts less formal, more expansive test for the defence of illegality in English law.
Overview -
The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a...more
The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact-sensitive “range of...more
Following nearly every announcement of a public-company acquisition in the US, including take-private acquisitions by private equity investors, plaintiffs’ law firms file class actions on behalf of shareholders.
These...more
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
Anti-Suit Awards Are Compatible With the Original Brussels I Regulation.
(Gazprom OAO v Republic of Lithuania, Case C-536/13, Judgment dated 13 May 2015)
The European Court of Justice decision in Gazprom v....more