Banking and finance law

The Great British Banking Revolution – Are the Digital Challenger Banks here to stay?

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Clearbank, Monzo, Revolut, Starling and Tandem; if you haven't heard of these, you soon will as they represent 5 of the most successful digital challenger banks of 2018, all of whom have just been ranked in LinkedIn's Top UK Startups 2018. More …

Security Tokens – Are we witnessing the merger of crypto and traditional financial markets?

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Initial Coin Offerings (ICOs), and their tokens, have changed dramatically during the course of 2018. Back in January, Blockchain events in London were full of millennials living off appreciating cryptocurrency assets, spending their days and nights trading utility tokens from the latest ICO to hit the chatrooms of Reddit or flash up on Telegram. More …

Regulating the "wild west" of digital currencies, crypto-assets, ICOs and smart contracts

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The House of Commons Treasury Committee has just published its Report on Digital Currencies – or as it now prefers to call them "crypto-assets" as they are not really currencies at all, at least not at the moment. More …

ICOs – Is Jersey's new regulatory regime the right one?

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In July 2018, the Jersey Financial Services Commission became the first regulator in a highly regarded legal jurisdiction to issue detailed guidance on the launch of Initial Coin Offerings (ICOs). The move has been celebrated by local legal commentators as balancing the interests of emerging fintech and cryptocurrency businesses with the requirements of good governance and regulation. More …

Brochure Disclaimer prevents Negligent Misstatement Claim

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The Supreme Court has overturned a High Court decision that allowed a property developer to claim €350,000 in damages for negligent misstatement after he relied on incorrect information from Jones Lang LaSalle, an estate agent. More …

Floating Charge

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Charges over goods can be either fixed or floating. It is the substance of the charge, rather than how it is labelled, that will determine in which camp it sits. More …

LIBOR

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The transition away from LIBOR will take time, but will be less risky and less expensive if it is planned and orderly rather than unexpected and rushed." More …

Bills of sale

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A bill of sale is used as a form of security over personal chattels as it creates a conditional transfer of those chattels as security for debt. The effect of a bill of sale is that it transfers title to the lender for the period that the underlying debt is outstanding, not how long the bill of sale exists. More …

Dual Instructions

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The Solicitors Regulatory Authority or SRA sets out the rules of conduct for solicitors and who they are allowed to act for and who they cannot. We take a look at dual instructions in the context of a banking and finance More …

The New Insolvency Regime for the Further Education Sector

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The Technical and Further Education Act 2017 (“2017 Act”) introduced a new statutory insolvency regime for further education and sixth form colleges ("FE bodies") proposing similar arrangements to those implemented for other public service providers. More …