Bank reform and financial stability

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This Overview is a guide to the Banking & Finance content within the Bank reform and financial stability subtopic, with links to the appropriate materials.

The information in this subtopic is aimed predominantly at transactional banking lawyers. For more detailed information on bank stability, as well as information on regulation of shadow banking, please refer to the Lexis+® UK Financial Services module.

Practice Note: Introductory guide to financial services regulation for banking and finance lawyers provides introductory information on financial services regulation for banking and finance lawyers working in non-regulatory roles. It explains at a high level what is meant by financial services regulation, when transactional banking and finance lawyers need to think about regulatory issues, how to go about researching regulatory issues, and how to find out what regulations may be relevant on a finance transaction.

Bank stabilisation, recovery and resolution

Rules around bank stabilisation and recovery are of interest to transactional finance lawyers who may be called upon to advise where, for example, a lender fails to meet commitments under a facilities agreement, defaults under a derivatives contract, or goes into a stabilisation

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Latest Banking & Finance News

Banking & Finance—June 2025 case round-up

Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in Banking & Finance for June 2025.

EU T+1 Industry Committee publishes roadmap for 2027 settlement cycle transition

The EU T+1 Industry Committee has published its High-Level Roadmap to support the transition to a T+1 securities settlement cycle across the EU and EEA by 11 October 2027. The roadmap outlines over 70 non-binding recommendations developed through cross-industry collaboration, intended to assist market participants in preparing for the operational, legal, and regulatory implications of the shortened settlement cycle. It covers areas including trading, clearing, settlement, asset management, foreign exchange, and corporate actions, with proposals such as standardised recall and return deadlines, real-time trade matching, harmonised delivery-versus-payment (DvP) and free-of-payment (FoP) cutoffs, and broader use of partial settlement and Hold & Release functionalities. A virtual launch event is scheduled for 3 July 2025.

Commission publishes proposed reforms to EU securitisation framework in impact assessment

The European Commission has published an impact assessment on proposed amendments to EU securitisation regulations. The assessment focuses on modifications to Regulation (EU) 2017/2402 and Regulation (EU) No 575/2013, addressing overcorrection in the post-Global Financial Crisis framework. While the current stringent rules have enhanced market security, the evaluation concludes that they have also stifled market development and rendered securitisation expensive and unappealing due to the high prudential requirements.

Whose money is it? Bondholders allowed to join claim relating to bond proceeds (Eraaya Lifespaces v Elara Capital et al)

Banking & Finance analysis: This case involved, among other things, (a) an application by an issuer of bonds for an interim injunction to require a financial adviser to issue a confirmation email to the settlement agent to compel the settlement agent to transfer bond proceeds it held to the issuer, and (b) an application by the bondholders to join the proceedings to oppose the injunction application. The court denied the injunction application on the basis that, among other things, the issuer’s case against the financial adviser was arguably ‘far from strong’ and that, given the issuer’s precarious financial condition and other relevant factors, damages would not appear to be an adequate remedy for the bondholders if it was later determined that the injunction should not have been granted. The court granted the bondholders’ joinder application in part on the basis that the bondholders had arguably demonstrated that the bond proceeds were held in trust on their behalf by the settlement agent. Written by Robert Aulsebrook, senior counsel at Akin Gump LLP.

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