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Preclusion under UCP600 - Banks Beware!
In what we believe to be one of the first reported judgments of the English High Court on the application of UCP600, it was held earlier this year in a dispute between Fortis Bank ("Fortis") and Indian Overseas Bank ("IOB")1 that the preclusion provided for by Article 16(f) of UCP6002 will apply to the conduct of an issuing bank even after it has issued a notice rejecting documents presented under a documentary credit.
28 May 2010
Government White Paper: ‘Reforming Financial Markets’
On 8 July 2009, HM Treasury’s White Paper entitled ‘Reforming financial markets’ (the ‘White Paper’) was published.
24 Jul 2009
Recessionary Claims - Crunch Time For Lawyers?
Recent media stories suggest that the current recession will trigger a huge increase in disputes, including claims against lawyers. This article explores the likely exposures and some risk management solutions.
15 Jul 2009
Finality At Long Last For Lloyd´s Names - The Equitas Part VII Transfer
The High Court recently approved a landmark statutory transfer under Part VII of the Financial Services and Markets Act 2000 (“FSMA”), the largest and most significant of its kind to date, that will bring finality to members of Lloyd’s with 1992 and prior liabilities.
15 Jul 2009
Much Ado About Nothing?
Although the incidence of LDPs is currently low, the likely impact of LDPs and implications for the legal profession are considered below.
14 Jul 2009
Trader´s Guide: How To Manage Risk And Reduce Exposure
Since September 2008, and the collapse of Lehman Brothers, not a day seems to pass without news of the impact of the global financial crisis upon markets.
2 Apr 2009
Risky Business – A Guide To The Money Laundering Regulations
The new Money Laundering Regulations 2007, which came into force in December last year, have brought further changes which solicitors need to take on board.
21 Aug 2008
UCP 600 - Key Changes
The Uniform Customs and Practice for Documentary Credits ("UCP") are a set of rules which govern the use of letters of credit in international commerce.
4 Jun 2008
Solvency II And Group Regulation
The major developments that have emerged in insurance regulation over recent years are capital adequacy and corporate governance. It is anticipated that Solvency II will incorporate these developments.
3 Jul 2007
The Surprise "Knock On The Door"
Most company directors do not live in fear of investigations by the Companies Investigation Branch ("CIB") of the DTI. Nor should they. That said, the investigative powers of the CIB have recently been strengthened.
18 Jun 2007
Court Of Appeal - Checking The Spiralling Costs Of Claimants’ Solicitors?
The rules relating to Conditional Fee Agreements ("CFAs") entered into post 1 November 2005 have now been relaxed.
24 Jan 2007
Enron: The Pain Continues
As financial institutions continue to seek closure on their exposures arising out of a variety of practices engaged in around the turn of the Millennium, the insurance and reinsurance markets feel the consequences.
16 Aug 2006
New UK Legislation: Ramp Inspections For Non-EU Aircraft
The Civil Aviation (Safety of Third-Country Aircraft) Regulations 2006 (SI 2006 No. 1384). These regulations came into force on 30 June 2006 and implement into UK law EU Directive 2004/36/CE of the European Parliament and of the Council of 21 April 2004 on the safety of aircraft from outside the Community using Community Airports ("the Directive").
15 Aug 2006
Airlines Between Rock and Hard Place on PNR Data
The European Court of Justice (ECJ) has annulled an agreement between Europe and the US which formed the legal basis for European airlines to provide passengers’ personal information to US authorities.
14 Aug 2006
EU Carrier Blacklist - Improving Air Safety or Undermining Confidence in Third World Airlines?
The overwhelming representation on the new EU Carrier Blacklist of airlines from a number of African countries - most of which do not operate into the EU - has attracted criticism and led to questions as to whether the blacklist is something of a disproportionate blunt instrument.
European Union
14 Aug 2006
Renegotiating Outsource Agreements
With the current increase in the number of outsource agreements being renegotiated, it is appropriate to look at some of the important factors that need to be taken into account before joining the renegotiation bandwagon. The customer's bargaining power is often significantly reduced in renegotiation as opposed to the negotiation of a fresh contract. This article considers some of the ways of seeking to level the playing field.
2 Aug 2006
Focus On: Dispute Resolution Clauses
The following questions and answers address some of the practical issues that arise in this area.
15 Jul 2006
Merger Control Procedures Change Yet Again
One of the more valuable aspects of the UK’s merger control system has traditionally been the ability of merging parties to receive advice and guidance on a confidential basis from the OFT as to whether a prospective merger is likely to be cleared or subject to detailed review by the Competition Commission.
15 Jul 2006
Outsourcing For Small And Medium Businesses: New Guidance On Data Transfers
What is the relevance of the data protection regime to an outsourcing transaction? In an outsourcing transaction, data processing (i.e. the transfer of the data) may take place at several stages: during due diligence; perhaps during contract negotiation; and during the transition or implementation stage.
14 Jul 2006
The Draft Legal Services Bill
The proposed reform of legal services has already had a long history, culminating in the recent publication of the draft Legal Services Bill. In this article we give a brief overview of the Bill and assess the early reaction to it.
28 Jun 2006
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