Searching Content indexed under Securitization & Structured Finance by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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Avoiding Lightning Strikes - Implications Of The Sub-Prime Crisis For Directors
A lot (perhaps too much) has been written about the wider implications of problems originating in the US associated with the practice of providing so-called sub-prime mortgages to high risk borrowers with poor credit histories. There is also plenty of speculation about the potential exposures for directors, banks and professional advisers.
19 Nov 2007
Backdating? Not An Option!
In this article we explain what lies behind the ongoing SEC investigations and related US litigation in respect of allegations that certain directors of well known companies wrongly backdated stock options for their own benefit. We look at the nature of the liabilities to which these allegations may give rise and consider whether and to what extent directors of English companies may face similar problems. We also look briefly at the D&O coverage implications.
4 Jan 2007
BP Alaska Derivative Claim
The derivative action filed in October in the Alaska State Court against directors and officers of BP Plc and its US subsidiaries may develop into an important precedent. Although only in its infancy, the case raises significant issues for UK companies doing business in the US, notably in connection with the reforms in the new Companies Act.
4 Jan 2007
Valuers Under Scrutiny
The RICS’ programme of monitoring of Regulated Purpose Valuations, which commenced in January this year, is a further manifestation of the drive for high levels of transparency and public confidence in valuers which underpinned last year’s changes to the Red Book, arising from the Carsberg Report. Regulated Purpose Valuations are defined in the Red Book and include valuations for certain financial statements,&nb
6 Aug 2004
The Credit Risk Transfer Market
The Credit Risk Transfer (CRT) market, where credit risks are packaged/sold by banks to buyers of securities/loans and writers of credit insurance/derivatives is probably the fastest growing and most vibrant market in the global financial industry.
28 Jul 2004
Is There Still Life in Securitisation?
At the end of last year, Barclays Life securitised the embedded value of the whole of its life insurance business. This followed the merger of Barclays Life and Woolwich Life and the transfer of the business of Barclays Life to Woolwich Life (subsequently renamed Barclays Life Assurance Company Limited ("BLAC")) using the Part VII transfer regime.
28 Jul 2004
Mind Your Step: Laddering Claims
Laddering claims have been whispered about as a potential problem for D&O insurers and reinsurers since they were first brought to light in an article in the Wall Street Journal on 6 December 2000. However, it is only recently that the potential exposure of reinsurers has become apparent. Reinsurers’ liability to these claims will of course depend on the terms of the reinsurance and insurance coverage provided. T
21 Jul 2004
Insurance Law - All for One and One for All?
Issues of fraud and dishonesty arise in a number of ways in the context of insurance and can often lead to difficult considerations for insurers and their advisers. This article focuses on some key remedies (both common law and contractual) applicable when considering whether the fraud or dishonesty of one individual entitles insurers to avoid or deny cover against the others
8 Jul 2004
Unfair Terms and Insurance Contracts – Has Anything Changed?
The Unfair Terms in Consumer Contracts Regulations 1994, as modified in 1999, ("the Regulations") have been enacted for nearly a decade. Despite this, it was not until last year that their application to the terms of insurance contracts was directly considered by the Courts in Bankers Insurance Co. Limited v South (2003).
5 Jul 2004
Mortgagees’ Duties (Again)
In the case of Den Norske Bank ASA (the "Bank") v Acemex Management Company Limited ("Acemex") the Court of Appeal decided that a ship mortgage is not inherently different from a mortgage of land. The Court repeated some of the basic principles set out in the judgment of Silven Properties Limited v Royal Bank of Scotland (the "Silven Judgment") which had been hande
14 Jun 2004
The FSA’s Listing Rules Consultation Paper
The Financial Services Authority (FSA) is currently carrying out a fundamental review of the Listing Rules. On 8 October 2003 it published a consultation paper (CP) which outlined its proposals to reform the listing regime against the background of changes to be introduced by European legislation.
8 Apr 2004
Treasury Shares
When companies used to buy back their own shares under the Companies Act 1985, such shares had to be cancelled immediately and the share capital consequentially reduced. The introduction of the Companies (Acquisition of Own Shares) (Treasury Shares) Regulations 2003 [SI 2003/1116] (the "Regulations") on 1 December 2003 has enabled certain companies to hold such shares in treasury for resale without can
31 Mar 2004
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