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Preserving guarantor liability: an update
In this article, Richard Salter QC provides an update to his 2017 article on the “purview doctrine”, which offered practical pointers to those called upon to document variations in syndicated lending transactions secured by a guarantee.
18 April 2024Virtual property as trust assets and investments
Following a number of recent decisions, it now seems reasonably settled that digital assets such as cryptocurrencies will as a matter of law be regarded as “property”. One consequence is that cryptocurrencies can be the subject of a trust and may be held as investments. However, the unique features of digital assets give rise to a number of problems on which there is little authoritative guidance. The impact of s 53(1)(c) of the Law of Property Act 1925 (LPA), in particular, appears to have been overlooked in cases where cryptocurrencies have been found to be held on express trust for multiple co-owners.
18 April 2024Commercial litigation funding: a more secure approach
A series of recent decisions have focussed on the practice of commercial litigation funding. The High Court and Court of Appeal have made clear that commercial funders will be expected to show that they can satisfy adverse costs orders that may be made during the litigation, failing which they are likely to be required to provide security for costs.
18 April 2024Segregation of financial instruments in the Netherlands: why the Dutch do not need the trust
This article concerns the protection of investors’ ownership rights in financial instruments held by an intermediary under Dutch law, especially in the event of such intermediary’s insolvency.
18 April 2024Wholesale Markets Review: an enhanced, tailor-made regime for UK markets
In this article, Elisabeth Øverland considers the principal proposals included in HM Treasury’s recent consultation on wholesale markets regulation – the Wholesale Markets Review.
18 April 2024Bridging the gap: high yield bridge loans in leveraged buyouts
In this article the authors examine the key features of high yield bridge loan documentation and latest trends in the leveraged buyout market.
18 April 2024The approaches of different jurisdictions to the legal recognition and enforceability of electronic signatures
In this article, Annabel Akintomide considers the approaches of different jurisdictions to the legal recognition and enforceability of electronic signatures and the key themes that emerge.
18 April 2024The role of the sustainability co-ordinator in sustainability linked loans
In this article the authors consider how the increasing prominence of sustainability linked loans has afforded new opportunities for banks to take on the role of sustainability co-ordinator and take a closer look at what this role entails.
18 April 2024Welcome clarification from the DIFC Court on the amendments to the UAE Federal Banking Law
In this article, Zoe O’Sullivan reviews the recent decision of Punjab National Bank v Shetty (CFI No. 079/2020, 19 January 2024) issued by the Dubai International Financial Centre (DIFC) Court (and comments on its implications for financial institutions established in the DIFC).
08 April 2024Covid, aircraft financing and the duty to mitigate
Covid placed severe stress on the aviation industry causing many lessees to default. This article considers whether security trustees acting on behalf of aircraft financing creditors need to enforce security in order to mitigate the creditors’ losses and maximise their claims.
08 April 2024
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