JD Supra United Kingdom

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Latest documents

  • Forearmed - A Guide To Likely Trends In UK Real Estate Disputes In 2026 And Beyond

    Our Real Estate Dispute Resolution team has experience spanning decades, guiding our clients through several cycles of the economy. This has equipped us with the ability to make accurate predictions of risks and potential real estate disputes on the horizon which every real estate developer, investor or occupier should know about. It also means that we are best placed to put forward our suggestions on how to anticipate and avert these likely disputes before they become an issue. After all, forewarned is forearmed…

  • UK PRA PS 19/25—Securitisation Prudential Reforms

    This briefing, which is relevant to the prudential treatment of securitisations in general (traditional and synthetic) by UK PRA regulated banks, covers the securitisation-related content of PRA Policy Statement 19/25 (PS 19/25, published 28 October 25). PRA 19/25 sets out the PRA’s approach in relation to the securitisation prudential reforms envisaged in its October 2024 Consultation Paper 13/24 (CP13/24) that the PRA regards as conceptually linked to the UK’s Basel 3.1 implementation.

  • FCA Consultation on UK Short Selling Regulation – What Do UK and Non-UK clients Need to Know?

    On 28 October 2025, the FCA announced a consultation on proposed new rules and guidance on short selling. Short selling is the practice of selling a security that is borrowed or not owned by the seller, with the intention to repurchase this security later, at a lower price. Market participants engage in this activity both for speculative and risk management purposes, enabling sellers to hedge the risk of, or profit from, a decline in the price of a financial instrument (in particular, shares).

  • Real Insight | Issue 2 2025

    INTRODUCTION - Welcome to the second edition of Real Insight, our UK real estate update. It's jam-packed with the Renters' Rights Act, real estate debt, W&I insurance, trends in real estate asset management M&As, data centres, thoughts for reform in the senior living sector, and the Building Safety Levy. We also have the latest edition of our energy, infra and real estate markets podcast "Real Assets Roundup". We hope that you enjoy this edition.

  • UK Public Offers and Admissions to Trading Regulations (POATR)

    The United Kingdom prospectus regime is changing in 2026. This presentation provides an understanding of the new UK Public Offer and Admission to Trading Regulations 2024 (POATR) with a focus on debt capital markets. POATR will replace the existing UK Prospectus Regulation with the final rules set out in FCA Policy Statement PS25/9 applying from 19 January 2026. Following on from last year’s amendments to the UK Listing Rules, the changes are part of a UK effort to reduce friction and widen participation in capital markets whilst maintaining “an accepted and trusted framework for giving investors the information they need”. Much of the new UK regime is familiar, similar and often the same as the existing rules but there is an emphasis on simplification, targeting retail investors and regulatory competitiveness.

  • Banking Litigation Update - Autumn 2025

    Welcome to the Autumn 2025 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting UK financial institutions over the past six months.

  • Disclosure of documents in civil proceedings in England and Wales - September 2025

    "Disclosure" is the term given to the stage of the litigation procedure when each party may be required to collect and review documents potentially relevant to the dispute and then state to the other parties (usually in a formal list of documents) the disclosable documents which exist or have existed. The other party has a right to a copy of those disclosed documents, subject to certain exceptions. In cases where large numbers of documents are involved, disclosure may be a lengthy exercise involving a significant amount of management time. The cost of that time will not normally be recoverable from the other party. It is nonetheless essential that disclosure is carried out conscientiously, since it can determine the success or failure of a party's case. Also, the parties and their solicitors are under duties to the court to ensure that it is done properly and the consequences of failure are potentially severe.

  • Summary note on disclosure in civil proceedings - September 2025

    This note is a summary of our note "Disclosure of documents in civil proceedings in England and Wales". Neither note is intended as a substitute for obtaining advice in individual cases.

  • Privilege Overview - September 2025

    Any record of a communication (for example: emails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in litigation or other adversarial proceedings if the record is relevant to the proceedings. One exception is where the record is privileged. Privilege can protect confidential communications between lawyers (in-house or external) and clients where the dominant purpose of the communication is to seek/obtain legal advice ("legal advice privilege"). It will also protect some confidential communications with third parties, where there are actual or likely adversarial proceedings ("litigation privilege"). The flowchart below and the rules on the back of this document highlight the key points from an English law perspective, including some common pitfalls and how to avoid them. However, privilege is a complex area of the law and you should therefore seek specific guidance from your in-house counsel or external lawyers in any given situation.

  • CASS Considerations When Planning for ‘Day One’

    Our previous article focused on the importance of CASS Resolution Packs for firms that hold custody assets and/or client money (“CASS Firms”) to ensure they are prepared should they enter an insolvency process, in accordance with the Financial Conduct Authority’s (“FCA”) Client Asset Sourcebook (“CASS”) requirements. This article focuses on the CASS-related issues and challenges that may arise in the period leading up to an insolvency event, with an emphasis on crisis management and engagement with the FCA.

Featured documents

  • The Long Arm Of The Crown: New U.K. Anti-Bribery Law Reaches Private Sector Bribery And Creates Offence Of "Failing To Prevent" Bribery

    The U.K. Bribery Act 2010 (the "Act") represents a fundamental reform of the U.K. anti-bribery regime and greatly expands the potential legal exposure of companies and individuals that do business, including practice of a trade or profession, in the U.K. For example, it criminalizes purely private...

  • FSA Fines Zurich Insurance for Loss of Customer Details

    On August 24, the UK Financial Services Authority (FSA) announced that it had fined the UK branch of Irish company Zurich Insurance Plc (Zurich UK) £2.275 million (approximately $3.5 million) after 46,000 customers’ confidential information was lost. This is the highest fine imposed to date on a...

  • FSA Fines City Index for Transaction Reporting Failures

    On January 20, the UK Financial Services Authority (FSA) published a final notice announcing that it had fined City Index Limited £490,000 (approximately $780,000) for failing to provide accurate transaction reports. Between November 2007 and September 2009, City Index submitted inaccurate...

  • Time to Pack Up the Phoenix Pre-Pack?

    As our readers will know, a pre-pack is the process of selling the business and assets of a company immediately after it has entered into an Insolvency Act administration procedure. Pre-packs are a frequently used mechanism as they ensure that the value of a business does not ebb away through a...

  • FSA Publishes Annual Report

    The UK Financial Services Authority (FSA) has published its Annual Report for 2010/11, outlining its performance against the priorities set out in its 2010/11 Business Plan and its statutory objectives. The Report highlights, among other matters: the results of the FSA's enforcement approach and ...

  • UK Supreme Court Confirms Parties’ Right to Choose Nationality of Arbitrators

    On 22 June 2010, the Court of Appeal of England and Wales, ruling on Jivraj v Hashwani [2010] EWCA Civ 712, [2010] ICR 1435, held that arbitrators are employees for the purposes of UK law. This decision caused considerable controversy in international arbitration circles because it appeared to...

  • London Digest - Autumn 2011

    In This Issue: Main Articles: Unfair Prejudice: An Abuse of Process?; Recent ISDA Cases; Working Towards Implementation: Jackson and the CJC; Supreme Court Clarifies the Anti-Deprivation Rule; Contractual and Restitutionary Remedies: The Courts Stick to the Bargain; and Rubenstein v. HSBC ...

  • Update: Employment Law Reform

    Further information has been unveiled in relation to the Coalition Government's plans to introduce wide ranging reform of employment law. It has now been confirmed that a number of the proposals will come into force from April 2012, including: a. a 2 year qualifying period for unfair dismissal...

  • SFO Obtains Convictions in Private Sector Oil and Gas Corruption Case

    The UK Serious Fraud Office (“SFO”) has recently obtained convictions against four individuals who received corrupt payments in return for the disclosure of confidential procurement information relating to the award of £66 million offshore oil and gas engineering contracts in...

  • FSA Business Plan

    On 22 March 2012, the FSA published its Business Plan for 2012/13. It sets out the key priorities and identifies implications for the FSA’s budget. The plan covers: • delivering the regulatory reform programme (including the introduction of a twin-peaks model operating within the FSA from 2...