Banking & Finance Update – H1 2021 (Part 2)

Banking & Finance Update – H1 2021 (Part 2)

As part of our sector-focused series, we have curated the key resources and points you need to know from the legal updates produced during the first half of 2021 in our three-part blog series. Understand the key news stories, practice notes, timelines and upcoming webinars specific to the Banking & Finance sector. 

Part one of the series continues our analysis of the key news stories. 

Part three collates a comprehensive range of commercial support and practical resources on topical subjects such as Brexit, LIBOR and Covid-19 alongside industry trackers, checklists, tailored resources for in-house lawyers and upcoming webinars and complimentary events. 

Guarantees, indemnities, set-off and variation (Brown-Forman Beverages Europe v Bacardi UK)

Commercial analysis: This case deals with the distinction between guarantees and indemnities in a complex written agreement. Having decided that certain obligations were guarantees and others indemnities, the case goes on to deal with the effect of a claim of equitable set-off and the extent to which the variation of the underlying agreement can release a guarantor from liability, following the so-called ‘rule in Holme v Brunskill’. The judgment highlights the need for careful drafting of all contractual documentation in group situations and the risks of assuming that consent given by one member of a group of companies can bind other members of the group. It also contains a very useful summary of the various Supreme Court authorities on interpretation of contracts and implied terms. Written by Steven Fennell, barrister at Exchange Chambers.  Read more…

Islamic financing faces a post-LIBOR test

Law360, London: Structuring Islamic financings is an intricate task. On the one hand, there is navigating the tax, regulatory and legal framework of the relevant jurisdiction. Running parallel to this is Islamic Sharia, the framework that governs Islamic jurisprudence.  Read more…

The importance of contractual certainty in security documents (Re Arboretum Devon)

Banking & Finance analysis: In Re Arboretum Devon, the court examined the meaning of ‘validity’ in a provision in an intercreditor agreement under which the creditors agreed not to challenge the validity or enforceability of one another’s security. Written by Diane Roberts, partner, and Karan Khushal, trainee, at Reed Smith LLP. Read more…

Road to COP26—what is it and why is it important?

Energy & Environment analysis: Douglas Bryden, head of Risk & Operational Regulatory at Travers Smith, discusses what COP 26 is, and explains its importance.  Read more…

UK accession to Lugano Convention—is the door closing?

Dispute Resolution analysis: The UK’s accession to the Lugano Convention took a knock recently with the news that the European Commission had opposed the UK joining the convention. Angharad Parry of Twenty Essex considers the current position and the next steps.  Read more…

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Dispute Resolution analysis: The Court of Appeal has provided seminal judicial guidance on how to apply retained EU law after IP completion day (31 December 2020). Lord Justice Green’s judgment sets out a succinct process to determine how to treat an EU regulation, and EU case law, post-Brexit. The distillation of these highly complex principles into a practitioner-friendly format makes this case a ‘must-read’. The principles are then applied to the specific context of air passenger compensation. This is, in itself, a significant decision for the travel industry and travel lawyers. However, for the broader legal community, this provides a worked model of how to structure an analysis. As Green LJ has emphasised, old approaches no longer work. A new approach must be used, and practitioners will need to familiarise themselves with the methodology that now must be applied. Written by Angharad Parry, barrister, at Twenty Essex.  Read more…

Term SONIA—where have we got to?

Banking & Finance analysis: This News Analysis discusses some key recent developments in relation to term rates based on SONIA (Term SONIA), including the publication of the Standard on the use of Term SONIA by the Financial Markets Standards Board (FMSB) and the guidance note on using term rates published by the Loan Market Association (LMA). It looks at when SONIA term rates can be used and some key considerations to bear in mind when doing so.  Read more…

Judge dismisses interest rate mis-selling claim against Barclays

Law360, London: A judge has thrown out a lawsuit brought by two property development companies against Barclays over alleged losses from interest rate hedging products, ruling on 31 March 2021 that the claim was 'speculative' and 'opportunistic'.  Read more…

The Kalifa Review of UK fintech report

Financial Services analysis: Partner and Head of Financial Services Regulation, Rachel Kent, and Senior Knowledge Lawyer, Yvonne Clapham, from Hogan Lovells, analyse the Kalifa Review of UK fintech report and its implications.  Read more…

Future of e-signatures for real estate, corporate and finance transactions

Real Estate, Corporate and Finance analysis: Katherine Crowley (KC) of Womble Bond Dickinson, Dominic Sedghi (DS) of Macfarlanes and Jamini Raja (JR) of Addleshaw Goddard consider the publication of the guides and checklists on the use of e-signatures, as well as the impact of the coronavirus (COVID-19) and what the future holds for e-signatures.  Read more…

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About the author:
Anna is a paralegal in the LexisPSL Hub. She graduated with a degree in English and Australian law from King’s College London University, where she took part in several pro bono initiatives, such as the Legal Outreach and Street law, was an elected officer to the executive committee of the KCL Law Society and worked as a student advisor in the KCL Student Legal Clinic. Anna initially started at LexisNexis as a Student Associate and later joined as a paralegal.