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Author Archives: Alice Heathfield
Sanctions Update: Appeal dismissed in Lamesa Investments Limited v Cynergy Bank Limited
Background Last year, the High Court held that UK based retail bank Cynergy (“Defendant”) could cease to make interest repayments under a loan facility with Lamesa Investments (“Claimant”) due to the real risk of facing US secondary sanctions. The Claimant’s ultimate beneficial owner, Mr Vekselberg, had been placed on the US list of “Specially …
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Croudace Homes Ltd v PRB Wiring Solutions Ltd: Timing important when challenging adjudicator’s fees
The TCC has confirmed in Croudace Homes Ltd v PRB Wiring Solutions Ltd [2020] EWHC 2139 (TCC) that a party intending to challenge the reasonableness of an adjudicator’s fees, should take effective action to do so and in any event …
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Wirecard – has the German financial regulator lost its immunity?
Wirecard’s collapse – the activities of BaFin (and the FCA) Valued at over €20 billion less than 2 years ago, the financial technology group’s share price plummeted by a dramatic 95% in a matter of days in June this year, …
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Making an Impact – The value of a Data Protection Impact Assessment
Even the UK government has apparently overlooked the implications when designing its track and trace programme. Article 35(1) of the General Data Protection Regulation (GDPR), as applied in the UK under the Data Protection Act 2018, states: Where a type …
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CORONAVIRUS UPDATE: Returning to the workplace safely
1) Carry out a Covid-19 risk assessment You should identify work activity and situations that might cause transmission of Covid-19, think about who could be at risk, determine how likely it is that your workers could be exposed to the …
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Privacy Shield invalidated: what this means for your data flows to the US
Last Thursday, in a landmark decision, the Court of Justice of the European Union (CJEU) invalidated Privacy Shield, the EU-US agreement that allows unrestricted transfers of personal data from the EU to over 5,000 certified organisations in the US. The …
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Brief update: Business Interruption Insurance – FCA files a Reply in the Test Case
The FCA has filed a very extensive Reply[1] (35 pages) to the insurers’ Defences in its business interruption (BI) insurance test case, alleging broadly that the eight defendant insurers are seeking to deprive BI cover clauses of their plain and …
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INSOLVENCY CHANGES INTRODUCED BY THE CORPORATE INSOLVENCY & GOVERNANCE ACT
This is the second of two articles considering the corporate insolvency aspects of the Corporate Insolvency & Governance Act 2020 (the Act). In the first article, we looked at the temporary measures introduced by the Act in response to the …
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I would rather postpone my wedding than have a social-distanced one but what does this mean for my pre-nup?
Last week the government announced that from the 4 July small weddings have the ‘go ahead’ to start again; whilst this is great news for some, for many couples the notion of a socially distanced wedding has simply led to …
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Shareholder actions under s90 / s90A FSMA 2000: how much loss can an investor recover?
This article considers that question in the context of shareholder actions under Section 90 and Section 90A Financial Services & Markets Act 2000 (“FSMA 2000”). Section 90 / Section 90A FSMA 2000 As a brief summary, Section 90 and Section …
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