The following Financial Services practice note provides comprehensive and up to date legal information covering:
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime.
On 1 April 2013 the Financial Services Authority (FSA) Handbook was split between the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) to form two handbooks, one for the PRA and one for the FCA. Most provisions in the FSA Handbook were incorporated into the PRA’s Handbook (replaced by the PRA Rulebook on 29 August 2015), the FCA’s Handbook, or both, in line with each regulator’s set of responsibilities and objectives. Other provisions were deleted (for example, chapter 1 of the FSA’s Supervision Manual has been replaced by chapter 1A of the FCA’s Supervision Manual).
While the FCA Handbook 'designates' or 'adopts' provisions formerly found in the FSA Handbook, substantive changes were made to reflect the FCA’s role and powers. This includes such aspects as the processes for applying for authorisation, passporting, controlled functions, threshold conditions and enforcement powers. A number of substantive changes were consulted on before the FCA acquired
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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