In Practice
139
Key hedging considerations in negotiating intercreditor terms
In this In Practice article, the authors outline the benefits of negotiating flexible hedging terms in financing arrangements and demonstrate how certain key considerations can impact the ability of sponsors/borrowers to effectively implement their hedging strategies.
09 February 2025Interest deductibility: the “unallowable purpose” rule after Blackrock, JTI and Kwik-Fit
In this In Practice article the authors consider recent challenges to loans or related transactions where UK tax relief for the financing costs was denied.
09 February 2025Modernising the redress system: exploring the need for alternative processes
Following the announcement in the Chancellor’s Mansion House speech, the Financial Conduct Authority (FCA) and the Financial Ombudsman Service (FOS) on 15 November 2024 published a joint Call for Input (CFI) seeking views from stakeholders on “how to modernise the redress framework, so it better serves consumers and provides greater stability for firms to invest and innovate”. With the CFI response deadline having just passed and the FCA and FOS now reviewing responses, we outline the key issues to be addressed.
09 February 2025Car finance commission arrangements: implications for speciality finance transactions
In this In Practice article the authors explore the impact of consumer claims for rebate of commission on speciality finance transactions.
12 January 2025Paying for investment research: welcome rule relaxations for EU and UK firms
As part of wider moves to enhance overall competitiveness, the EU and the UK are both making changes to legislation and regulation to boost their jurisdiction’s attractiveness for listing and capital-raising. This includes proposals to loosen the existing research unbundling rules in an effort to increase the amount and quality of available research on companies, along with other measures to ensure visibility of that research so that potential investors have access to a wider range of investment opportunities. The research-related proposals aim ultimately to improve liquidity and growth prospects for small and medium sized (SME) companies.
12 January 2025German obligors in cross-border financing transactions
English lawyers must navigate a landscape of legal and practical considerations on financing transactions involving German obligors. This In Practice article outlines the critical aspects to be aware of.
12 January 2025Is the FOS being fair and reasonable in its approach to unaffordable lending complaints?
This article explores the Financial Ombudsman Service’s (FOS) approach to limitation periods applicable to customers’ allegations of unfair relationship under s 140A of the Consumer Credit Act 1974 (CCA). Is the FOS’s approach still “fair and reasonable”?
24 November 2024The auditor’s duty to report to the FCA when it suspects fraudulent activity
While there is some guidance on the requirement for an auditor who is performing an audit to notify the Financial Conduct Authority under certain circumstances, there remains a great deal of uncertainty as to when the threshold for reporting will be met. This In Practice article explains the key points of uncertainty and asserts the urgent need for further guidance.
24 November 2024Embedded law
This In Practice article is a thought experiment on the future of legal services. Technology is changing and changing us. It will have implications for the work of lawyers. Our natural assumption is that if change is incremental, it is not radical.
24 November 2024The final piece of the G20 netting puzzle
In this In Practice article the authors consider the possible implications of draft close-out netting legislation in the Kingdom of Saudi Arabia on derivatives, repurchase and stock lending transactions with Saudi counterparties.
27 October 2024
