Dr. Michael Psaila and Dr Christine Calleja participated in the International Fraud Group’s bi-annual meeting, which was held in London on the 11th and 12th May 2022. The IFG was established in 1997 by London firm Mischon de Reya with the aim of bringing together law firms that work in fraud investigation and asset recovery and now boasts members from over 50 countries ...
Aaron Harlow and Ian Hardman examine the tough new measures that are being taken to force the real estate industry to pay to remove cladding - protecting leaseholders from costs. The Department for Levelling Up, Housing and Communities (DLUHC) has requested that residential property developers fund and undertake all necessary remediation of buildings over 11m that they have had a role in developing. This includes buildings both 11-18m and 18m+ ...
Michael Bennett and Amber Wright explain the importance of reducing embodied carbon in construction - putting forward the case for legislative reform and how new technologies, methods and contracts are supporting the living sector’s move to net zero. To date much of the government’s focus to meet its net zero targets has been on creating more energy efficient homes and buildings ...
Dan Hargreaves and Andrew Millar outline potential joint venture models, the opportunities for both the private and public sector, and key considerations before entering an agreement. Local authorities continue to face significant pressure on budgets, and many are continuing to explore a more entrepreneurial approach to deliver transformational developments or regeneration projects ...
Building on Shoosmiths’ recent insight paper, unlocking net zero strategies for business, James Wood-Robertson charts the routes to decarbonisation, while discussing the role of collaboration and partnerships in achieving net zero. After the much-anticipated COP26 climate summit, where governments across the world made their net zero commitments in a bid to tackle the challenge of limiting global warming, the prospect of setting targets became even more crucial ...
John Cleaveley and Amber Wright explore the economic and market headwinds currently impacting the construction industry, with analysis of how living sector operators and developers can mitigate risk in a volatile environment. The construction industry is operating in testing market conditions with economic uncertainty persisting into 2022 ...
Mitek Systems, Inc. v. United Services Automobile Association, Appeal No. 2021-1989 (Fed. Cir. May 20, 2022) Our Case of the Week this week is a declaratory judgment action brought against USAA. In a 27-page opinion, the Federal Circuit addressed three issues: subject matter jurisdiction for declaratory judgment actions under Article III of the U.S. Constitution, the discretionary authority of courts to decline declaratory judgment jurisdiction, and venue for hearing such a case ...
Two recent Supreme Court decisions concerning the First Amendment affect when the government can regulate speech. Dinsmore's Justin Burns and Brady Wilson wrote about the cases for Law360 Expert Analysis. An excerpt is below and the full PDF is above. Recent headlines from the U.S. Supreme Court focus on leaks, but City of Austin v. Reagan National Advertisements of Austin and Shurtleff v. City of Boston, two recent First Amendment decisions, are also worth noting ...
We have extensive experience in assisting both established and emerging fund management companies relocate part or all of their business to Jersey. We are legal advisers to five of the largest hedge fund managers with offshore headquarters: BlueCrest, Brevan Howard, Systematica, Rokos and Autonomy, a clear reflection of the high regard in which our practice is held ...
However, in the light of the recent decisions in Rangecroft Ltd v Lenox International Holdings Ltd [1] , IS Investment Fund Segregated Portfolio Company v Fair Cheerful Ltd [2] , and most recently in A Creditor v Anonymous Company Ltd [3], a reassessment is required as to whether the procedure is truly optional. The Court in Lenox International highlighted the importance of following the "two-step process" to wind up a company on the basis of its insolvency ...
With the introduction of foundations as an alternative type of structure to companies, the trustee can be formed as a private trust foundations (“PTF”) instead of a PTC, offering increased choice to the client. To help guide this choice, this briefing note considers key issues relating to the establishment and use of a PTC or a PTF in the context of private wealth management. References to “PTVs” are to both PTCs and PTFs ...
In summary, in most jurisdictions, trust assets will be more vulnerable to attack from a settlor’s creditors in the following scenarios: A settlor’s retention of dispositive powers (particularly positive powers e.g. powers to direct the trustee in contrast to a power to veto a trustee’s proposal) generally renders a trust more vulnerable to attack by creditors. Retaining powers to revoke the trust and/or a general power of appointment (i.e ...
This trend is worth monitoring, and undoubtedly reflective of generational change as those who set up companies or transferred interests into these jurisdictions decades ago pass on and leave their families fighting for control of the assets they have left behind. A helpful new judgement from the Easter Caribbean Court of Appeal (the Appeal Court) handed down on 23 March 2022, provides helpful further insight into family disputes over wills ...
In collaboration with the Department of Treaties and Law of Thailand’s Ministry of Foreign Affairs, the Faculty of Law, Chulalongkorn University’s recently concluded the ‘Essential Skills for Legal Practice’ program where Kudun and Partners, together with other leading global and local law firms in Thailand were invited to provide knowledge on the essential skills for the legal practice ...
Following the first reading of the Procurement Bill in the House of Lords, Shoosmiths considers how this will change public procurement as we know it. The Government has recently taken the next step in its plan to transform public procurement, by publishing the Procurement Bill (‘the Bill’). The first reading in the House of Lords took place on 11 May 2022 and we can now start to consider the changes this Bill will bring ...
Yesterday was closing submissions day for “Wagatha Christie”, aka Rebekah Vardy v Coleen Rooney. While we await Mrs Justice Steyn’s verdict, Kath Livingston, a Shoosmiths partner in dispute resolution & litigation, gives her thoughts and reflections on the trial, with more to follow after judgment ...
Contents Creation Legal personality and duration Founder Guardian Beneficiaries Council and counsillors The register of foundations Resident Agent Disclosure of Beneficial Ownership Confidentiality and disclosure Regulation of foundations Tax position Tax Filings of a Foundation CRS, FATCA and Foundations Economic Substance and Foundations Creation A foundation comes into being upon the founder endowing the foundation with its initial capital, subscribing his name to th
On April 29, 2022, the National Information Security Standardization Technical Committee issued for public comments a draft of the Technical Specifications for the Certification of Personal Information Cross-border Processing (the “Draft Specifications”) ...
However, Guernsey is also home to a number of insurers and reinsurers underwriting third party risks including life insurance/assurance as well as more exotic risks such as kidnap and ransom and “after the event” insurance ...
On April 7, 2022, the State Council announced its Decision on Amending and Annulling Certain Administrative Regulations (State Council Decree No. 752; the “Decision”), which will take effect on May 1, 2022 ...
May 17, 2022 By: Arielle Seidman and Anthony Martin The Colorado Privacy Act (CPA) is set to take effect on July 1, 2023. The law, which applies to, among others, many businesses or non-profits that process data of no fewer than 100,000 persons over the course of a year, allows the attorney general to “promulgate rules for the purpose of carrying out” the CPA ...
Local authorities will be given rights to let vacant high street premises under new powers contained in the Levelling Up and Regeneration Bill. Background The government wants to regenerate local high streets as part of its levelling up agenda. A key element of its proposals is to give local authorities the right to let vacant premises on their high streets following a rental auction process ...
Article by Pisut Ratwong, Founder of Pisut and Partners, and Anne Coulon, Regional Legal Adviser of DFDL An injunction is a Court order that enjoins a party either to perform a specific act, or to refrain from doing the same. ‘Interlocutory’, ‘Temporary’ or ‘Interim’ injunctions are used interchangeably. An injunction can serve as a guarantee that a debtor will return money or any liabilities to the applicant ...
