Allen & Overy LLP (JD Supra United Kingdom)

The UK government is pressing ahead with its proposal to require large businesses to notify their “uncertain tax positions” to HMRC. Please see full Publication below for more information.

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of occupational pensions.

Economic crime reform is firmly on the UK government’s agenda. What can we expect to see in the short to medium term which may impact businesses? A recent update provides some clues.

Elaine Johnston and Nikki Johnstone, discuss the importance of visible role models, coming out and being yourself. Nikki joined A&O’s partnership on 1 May 2021 and was the first openly lesbian partner in London, which Nikki feels is a cause for celebration.

On 25 May 2021, the Grand Chamber of the European Court of Human Rights (ECtHR) handed down its judgment in the case Big Brother Watch v United Kingdom (BBW), holding that the UK had breached the European Convention on Human Rights (the Convention) in relation to the regime established for bulk interception of communications data and obtaining this data from communications service providers.

Wirex, a leading cryptocurrency company, has succeeded in its trade mark infringement claim in the Intellectual Property Enterprise Court in London in respect of its CRYPTOBACK mark – used in relation to a credit card reward scheme where customers receive bitcoin as rewards. The case highlights the importance of maintaining records to evidence use of a mark, particularly when relying on...

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of occupational pensions.

Welcome to our monthly update on current legal issues for trustees of DB and hybrid pension schemes, designed to help you stay up to date with key developments between trustee meetings, and to support the legal update item on your next trustee agenda. We also have a separate DC-only briefing. Please see full Publication below for more information.

Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding.

On 21 May 2021, the UK's specialist competition court, the Competition Appeal Tribunal (CAT) gave judgment dismissing Sabre Corporation (Sabre)'s challenge to the Competition and Markets Authority (CMA)'s decision to prohibit Sabre's proposed acquisition of Farelogix Inc. (Farelogix). The judgment confirms the CMA's broad discretion in how it determines whether a merger falls within its...

Welcome to our monthly update on current legal issues for trustees of DC pension schemes, designed to help you stay up to date with key developments between trustee meetings, and to support the legal update item on your next trustee agenda. We also have a separate joint DB/DC trustee agenda update.

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of occupational pensions.

As Lord Justice Arnold highlighted in one of his last judgments as a trial judge, the Patents Court “depends on the assistance it receives from expert witnesses”. Please see full Publication below for more information.

Jonathan Brayne assesses the implications of digitalisation for the operations of the in-house legal function, and how it could in turn act as a catalyst for the digital transformation of the entire organisation. Please see full Publication below for more information.

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of occupational pensions.

Environmental, Social and Governance (ESG) matters have long been a talking point in the leveraged finance market, but the end of 2020 and the first few months of 2021 have seen deal flow take off for transactions addressing these issues.

On 26 April 2021, the UK Government announced a new sanctions regime specifically targeting corruption. Following the introduction of the Global Anti-Corruption Sanctions Regulations 2021 (the Regulations), the UK Government has targeted 22 people that it has reasonable grounds to suspect have been involved in serious corruption. The regime complements the UK’s global human rights sanctions...

A claim for inducing breach of contract had no real prospect of success, despite the fact that a subsidiary’s breach of contract was the known and inevitable result of its parent company’s decision to form a joint venture. The court’s consideration of the tort of inducing a breach of contract in the context of a parent/subsidiary relationship is interesting as it is not uncommon for a subsidiary’s

A bank had threatened, during negotiations to restructure a loan, that it would appoint a receiver if no agreement was reached. That threat did not amount to intimidation or economic duress on the facts of the case. A vital ingredient of any claim of intimidation or economic duress is that the threatened party had in fact been coerced, which it had not been here: the claimant had freely agreed to

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of occupational pensions.

If evidence is to be given remotely, via video link, from another country, be sure to check that this is permitted by the laws of that country. Please see full Publication below for more information.

As we stand facing another potential financial crisis, the UK adopted new regulations which tighten the screw to control pre-packaged sales to connected parties. Please see full Publication below for more information.

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of occupational pensions.

As LIBOR (London Interbank Offered Rate) transitions, various jurisdictions are mapping out the path forward. Please see full Publication below for more information.

The recommendations of the Task Force for Climate-related Disclosures (TCFD) are voluntary, but are fast gaining traction within sustainability/ESG policy and regulation. Please see full Publication below for more information.

On 29 April 2021, the National Security and Investment Act 2021 (the Act) received royal assent. The Act dramatically expands the UK Government’s powers to scrutinise investments. The regime that the Act puts in place has not yet commenced, but, upon commencement, will have retrospective effect, as the UK Government will have the ability in certain circumstances to call-in relevant transactions...

First featured as an article in Global Restructuring Review, Jennifer Marshall and Harini Viswanathan consider what the Gategroup convening judgment that found UK restructuring plans to be an “insolvency proceeding” for the purposes of the Lugano Convention means for the aviation sector – especially creditors with registered interests under the Cape Town Convention.

The UK Financial Conduct Authority (the FCA) is proposing to take enforcement action against an individual, Jon Frensham, relating to "non-financial misconduct". The FCA has made clear its commitment to tackling non-financial misconduct in the financial services industry and this case is the fourth relating to non-financial misconduct that the FCA has publicised since November 2020. All four...

Exclusion clauses in consumer contracts must be adequately signposted, with their meaning and effect highlighted: Andrew Green v Petfre (t/a Betfred). In 2018, Andrew Green played a blackjack game on Betfred’s mobile app. After five hours, he had winnings of GBP 1,722,500.24. However, when he tried to withdraw his jackpot, he was prevented from doing so. Betfred informed him that there was a...

The FCA is extending its existing annual financial crime reporting obligation (termed the “REP-CRIM” by the FCA) to a broader range of firm types.  The change is expected to impact approximately 4500 firms who were previously not in scope.