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Obtaining imaging orders from the English courts

The goal of these orders is to preserve evidence at risk of being wiped or destroyed by the responding party.

UK prepares for modernisation of Consumer Credit Act

HM Treasury announced it would publish a consultation on the planned reforms to the Consumer Credit Act by the end of 2022.

Funds with US Investments or Operations – Considerations for Non-US Investors

ECI exposure may also arise even through an investment into a non-US fund if that fund is classified as a partnership for US tax purposes and has certain US assets or activities.

Harneys advises BMR Energy Ltd. on closing second tranche of its US$88 million credit facility

BMR Energy is a developer and owner of renewable energy assets in the Caribbean and Central America and is a business segment of Virgin Investments.

CSSF AML/CFT reporting tool: first reporting period approaches

This module, accessible since January for preparation and submission of AML/CFT external reports under Circular 21/788 and IFM reports under Circular 21/789, has been made available

Belgium: Competition Authority sets out key priorities for 2022

The BCA acknowledges that the Belgian economy has continued to suffer from the consequences of the Covid-19 pandemic in 2021.

Preparing for the PRIIPs KID for UCITS

A PRIIPs KID is a short pre-sale disclosure document aimed at providing retail investors with the information necessary to make an informed investment decision.

CSSF AML/CFT reporting tool: first reporting period approaches

Information on the availability of these reports for subsequent financial years will be provided in a dedicated CISERO FAQ.

UK to delay implementation of Pillar Two

The government has confirmed that it will put back the implementation of Pillar Two rules in the UK until 31 December 2023

Hong Kong SFC seeks to bolster investor compensation remedies as part of a package of enforcement-related reforms

As the SFC is the driving force behind these proposed reforms, there is little doubt that, once granted, they will be quick to use their new powers, significantly impacting the enforcement landscape in Hong Kong.

FCA: single UK listing regime would remove complexity and boost competitiveness

The discussion paper is just that: the proposals are likely to be refined in response to industry feedback

UK firms told to expect ‘increasingly active’ FCA amid cost-of-living crisis

The FCA said its expectations for lenders were based on existing principles and guidance but added that its new consumer duty, expected later this year, will finalise any changes to rules to improve consumer outcomes.

Pensions Casebook - Silentnight Group DB Scheme

This case summary forms part of the Burges Salmon Pensions Regulatory Casebook. We provide analysis including practical considerations and high level commentary

Sturgeon’s Scottish independence strategy could be ‘significant departure’ from 2014

The analysis notes that the UK is outperformed by comparator countries

Do you own your art?

Ownership in this case turns on the application of a single, technical procedural rule:

New Nationality and Borders Act may have ‘significant impact’ on travel to UK

The visa penalty provisions in the Act can also be enforced against countries that the government believes pose a “risk to international peace and security.

Sanctions update: strict liability test comes into force with revised guidance from OFSI

UK regulator OFSI sets out its approach to new rules imposing a strict liability test for breaching the sanctions regime

The new UK competition law rules for supply and distribution agreements - a limited departure from the previous EU approach

The idea behind the EU VBER was to exempt certain categories of agreement from the prohibition in Article 101(1) of the Treaty on the Functioning of the European Union ("TFEU") (which is equivalent to the Chapter I prohibition in UK law).

Strict liability test for sanctions breaches come into force

As a result, companies may now face civil liability for inadvertent breaches of financial sanctions, including where due diligence has been carried out and there was no “reasonable” cause to suspect a breach.

The death of FFP, the birth of FSR - Net Equity Rule

UEFA announced last year that it intended to replace the FFP Regulations with a new set of rules

Government Regulation