Articles by author
Are leveraged LDI strategies lawful? How the courts would construe reg 5 of the OPSRs
This article builds on the recent articles by, first, Richard Salter KC and, second, Professor Iain Clacher and Dr Con Keating in which the question whether repos constitute borrowing within reg 5 of the Occupational Pension Schemes (Investment) Regulations 2005 is examined. It offers some reflections on points which might arise if the issue came to be litigated from the perspective of practitioners in the pensions field.
1 JUL 2023Subrogation and the case of the dissolved co-debtor
The effect of the dissolution of a company, followed by disclaimer by the Crown of leasehold property which passed as bona vacantia, can give rise to difficult issues where the property has been used as security for payment of sums for which another person is also liable, whether jointly and severally or as a surety. This article explores the consideration of the relevant principles in Leon v Kensington Mortgage Company [2023] EWHC 121 (Ch) and offers some reflections on the decision and its implications.
1 JUN 2023
