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The Court of Appeal has recently provided useful clarification that a lender entering into a consent order does not amount to the regulated activity of administering a regulated mortgage.

In an important decision for financial institutions and for the law of misrepresentation, the High Court has confirmed that a claimant's conscious awareness...

One of the issues which caused consternation in relation to the insolvency of Lehman Brothers was the fate of securities held by a prime broker in custody for its clients.

A discussion on the difficulties which can arise when taking security over art as opposed to other assets.

On 1 August 2023, the Cabinet Office published its latest updates to all three of its Standard Contracts and accompanying guidance...

Welcome to the October edition of Mishcon Fraud Watch, prepared by the Fraud & Insolvency Group at Mishcon de Reya. It aims to provide businesses and their advisors with a snapshot of what has been happening in the world of fraud in the last month.

According to recent data from Begbies Traynor almost 4,500 UK retailers are now in ‘critical financial distress', supporting the view that the cost of living crisis is having a significant impact...

Global equity markets have been heading up since June on the hope that central banks were planning something big to boost growth

One of the most publicised aspects of the new Companies Act has been the abolition of the prohibition on financial assistance contained in Section 151 of the Companies Act 85.

The High Court has found in favour of a lender in its claim against a dissolved airline business for sums due under a loan facility agreement (which was secured by an aircraft mortgage): Lombard North Central plc v European Skyjets Ltd [2022] EWHC 728 (QB).

Collective actions: where a number of individuals with similar claims arising from similar circumstances (and usually against the same Defendant(s), come together to proceed with a legal action as a single group.

Swamped with a surge of regulatory changes, companies need to be strategic in their responses. Taking an integrated portfolio approach and adapting your infrastructures to the new requirements will position you to use regulatory change as a driver of value and competitive advantage. We review the key regulatory drivers and make the case for a strategic response.

The Court of Appeal has examined the extent to which FSA interview transcripts and other material gathered during the course of an FSA investigation is confidential to interviewees and their employers. The decision highlights risks for firms involved in FSA investigation/enforcement processes where they may be facing overlapping civil claims.

The first question is "Is your firm caught in the Capital Requirements Directive (CRD) net?" The second is "What are the consequences if your firm is caught?" These questions are particularly difficult for investment firms owing to the complexity of the draft CRD and the fact that the FSA’s consultation paper does not provide an overall discussion of the issues for investment firms. In this article, Eric Wooding aims to help you get to grips with the issue

Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry

AIM, the alternative market of the London Stock Exchange, is the world’s leading market for smaller, growing companies.

The High Court has recently considered whether a one signature bank mandate was sufficient to bind a partnership to various loan agreements.