Articles by author
Case Analysis – April 2021
Clarissa Jones and Kate Holderness of 3 Verulam Buildings report on recent banking law cases
1 APR 2021Uncertain times: COVID-19 and the use of “business days” to measure time under finance agreements
Over the past twelve months, governments have implemented various measures that have created uncertainty around the meaning of the term “business day”. This is further complicated by the historic English law approach, which emphasises the predeterminable nature of a “business day” and discourages investigation into the particular facts of the case. This stands in tension with definitions (including the LMA standard definition) which focus upon banks actually being open for business on a given day. This article considers how, in these circumstances, parties may be able to increase certainty in relation to the way that time is calculated under finance agreements.
1 FEB 2021Case Analysis – April 2024
Clarissa Jones and Gretel Scott of 3 Verulam Buildings report on recent banking law cases
31 MAR 2024Cases Analysis – April 2022
Clarissa Jones and Charlotte Eborall of 3 Verulam Buildings report on recent banking law cases
1 APR 2022Case Analysis – November 2022
Clarissa Jones and Charlotte Eborall of 3 Verulam Buildings report on recent banking law cases
1 NOV 2022Revisiting the transaction at an undervalue risk to UK covered bondholders
This article considers a particular aspect of the insolvency risk to investors in UK covered bonds. Specifically, it considers whether the transfer of assets from the Issuer to the SPV to create the cover pool, including any over-collateralisation, can be impugned as a transaction at an undervalue such that it may be reversed on application to the court by the administrator or liquidator of the Issuer under s 238 of the Insolvency Act 1986. Such risk has long been appreciated. However, the issue has been the subject of fresh comment because of the intended revocation of the Regulated Covered Bonds Regulations under the Financial Services and Markets Bill and the opportunity for a new regulatory regime with a different approach to risks of this kind.11 1
1 JUL 2023Case Analysis – June 2023
Oliver Humphrey, John Tillman and Thomas Evans of Hogan Lovells report on a recent banking law case, Daniela Vella and Anastasia Tropsha of Hogan Lovells report on a recent banking law case, Clarissa Jones of 3 Verulam Buildings reports on a recent banking law case and Jason Fu,* a Yale Law School graduate and restructuring attorney based in Hong Kong reports on an insolvency law case
1 JUN 2023
