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  • Article

    How Critical Is ESG And Sustainable Investing To Scaling A Private Capital Business?

    Private capital fund managers have seen investors demand more ESG aligned products over recent years.
    United KingdomFinance and Banking
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Investment Management Update - July 2025

    This publication has been tailored to highlight topical news, cases and changes in the law impacting the investment management sector.
    United KingdomFinance and Banking
    Macfarlanes LLP
    Macfarlanes LLP
Article

Private Credit Valuations: Navigating Volatility, Regulatory Risk And An Evolving Market

Although most private credit funds remain funded by institutional investors, private wealth investors represent a small but growing share of capital. They can now get exposure to private credit through publicly...
United KingdomFinance and Banking
Macfarlanes LLP
Macfarlanes LLP
  • Article

    When Has A Subsidy Been Granted? Insights From Recent Cases

    Recent UK court decisions are clarifying critical procedural questions under the Subsidy Control Act 2022, including when subsidies can be challenged, what constitutes a reviewable decision, and the scope of the Competition Appeals Tribunal's authority. These rulings establish important precedents for both public authorities granting subsidies and parties seeking to challenge them.
    United KingdomGovernment, Public Sector
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Protect Yourself At All Times: The UK’s Legal Gap On AI Digital Twins

    Recent advances in AI have made it possible to produce near-identical digital replicas of real people, yet the UK has no specific legal protection for an individual's likeness.
    United KingdomIntellectual Property
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Equitable Compensation For Dishonest Assistance: "It's Mine"

    The judgment examines the principle that gains and losses incurred in the course of multiple breaches of trust cannot usually be set off against one another.
    United KingdomLitigation, Mediation & Arbitration
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Freezing Injunctions And The Merits Threshold: "Serious Issue To Be Tried"

    The Court of Appeal was recently asked to determine the meaning of the "good arguable case" test for the grant of a worldwide freezing injunction (WFO).
    United KingdomLitigation, Mediation & Arbitration
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Legally Binding Football Broadcast Rights Contract Formed Via WhatsApp And Email

    The Court of Appeal's decision in DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083 is an important reminder that an English law contract can be formed by informal means.
    United KingdomLitigation, Mediation & Arbitration
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Supreme Court Clarifies The Test For Determining Whether Collective Proceedings Should Be Brought On An Opt-out Basis

    In a landmark judgment in the UK's collective proceedings regime, Evans (Respondent) v Barclays Bank Plc and others (Appellants), the Supreme Court has confirmed the test for determining whether to certify on an opt-out basis.
    United KingdomLitigation, Mediation & Arbitration
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Share Schemes - New Plans For Old

    United KingdomStrategy
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Countdown To The International Controlled Transactions Schedule – How UK Businesses Can Prepare For New Transfer Pricing Reporting Requirements

    With the rise and rapid adoption of advanced data analytics and AI tools, transfer pricing compliance and risk assessment is quickly shifting from being a documentation-focused process to a near real time, data-driven one.
    United KingdomTax
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Statutory Residence Test: HMRC Success In "Exceptional Circumstances" Appeal

    Last year, we commented on the First-tier Tribunal (FTT) case, A Taxpayer v HMRC, in which the taxpayer successfully argued that a certain number of days they spent in the UK...
    United KingdomTax
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Mission Complete: How Microsoft Rescued Its Activision Merger From The CMA's Veto

    Microsoft's acquisition of Activision was one of the focal points of global competition law during 2023. The varying views and approaches of the CMA...
    United KingdomAntitrust/Competition Law
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Ground Rent Reform: Consultation And Comment

    Ground rent investment strategies have grown significantly in recent decades, and it is presently estimated by the Residential Freehold Association...
    United KingdomReal Estate and Construction
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Broadcom/VMware: EU General Court Again Weighs In Favour Of Commission’s Broad Information Gathering Powers

    The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.
    European UnionAntitrust/Competition Law
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Investing In Infrastructure: When Public Policy Meets Private Capital

    Governments across the UK and Europe have announced ambitious infrastructure programmes they cannot fund alone, creating significant opportunities for private capital. As public authorities shift from subsidy-based models to regulatory reform, investors must navigate an increasingly complex web of concurrent regulatory regimes - from merger control and national security screening to data protection and PFI handback obligations - to successfully deploy capital in this evolving landscape.
    European UnionGovernment, Public Sector
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Corporate Law Update: 5 - 11 October 2024

    The Investment Association (IA) has published its Principles of Remuneration for the 2025 AGM season.
    GlobalCorporate/Commercial Law
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    A Decade Of Enhanced Concurrent Competition Enforcement: Room For Improvement?

    In December 2024, the CMA published the findings of its review of the effectiveness of the UK's competition concurrency arrangements (the Report).
    United KingdomAntitrust/Competition Law
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    AI Tools Under The Antitrust Spotlight, As Commission Opens Abuse Of Dominance Cases Into Both Meta And Google

    The European Commission has opened twin investigations into Meta and Google's conduct in relation to generative AI assistants and related services.
    United KingdomAntitrust/Competition Law
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    The CMA's Direct Consumer Enforcement Powers: Dynamic Pricing, Drip Pricing And Other Updates

    Whilst we continue to await the first enforcement action under the CMA's new powers, other CMA activity in the consumer protection space suggests that dynamic pricing is likely to be prioritised for enforcement...
    United KingdomConsumer Protection
    Macfarlanes LLP
    Macfarlanes LLP
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