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Crypto Activities

The UAE, in particular Abu Dhabi, have begun seriously considering the impact of crypto asset activities within its marketplace. A growing sector, considered to be at the forefront of financial technology, crypto activities are considered to be activities in relation to digitally secured representation of value; e.g. cryptocurrencies such as Bitcoin and Litecoin. The Financial Services Regulation Authority (FSRA) of Abu Dhabi Global Market (ADGM) initially consulted on crypto assets in May 2018.

Why loan notes may be better than simple loans for your business

A loan note is an IOU from a company to an investor. The investor agrees to make a loan to the company and the company agrees to repay it at a future date, usually with interest. A loan note is a financial instrument which, in its simplest terms, evidences a debt between the borrower (commonly known as the issuer) and one or more lenders (commonly known as loan noteholders). It is an agreement to repay debt between the parties at a future point in time.

HR Law — May 2019

Welcome to the May 2019 edition of HR Law.

Disciplinary matters

There are a number of tricky issues which can crop up during a disciplinary process. Here are our #TrowersTopTips for dealing with the unexpected.

Commercial litigation funding: Davey v Money and others [2019] EWHC 997 (Ch)

Mr Justice Snowden has recently considered the potential application of the so-called "Arkin cap" to limit the extent of non-party costs orders against a commercial litigation funder. View the latest update from our team.

OFAC Sanctions update

OFAC Sanctions update. An update on the re-imposition of sanctions against Iran, primary and secondary sanctions and the consequences of non-compliance.

Litigation Funding Rules in the ADGM

On 7 November 2018 the Abu Dhabi Global Market Courts (ADGM) released a consultation paper entitled Consultation Paper No. 6 of 2018 - Proposed Litigation Funding Rules (the Consultation Paper) setting out the proposed rules for litigation funding to be put in place in the ADGM (the Proposed Rules).

World Proteins KFT v Persons Unknown [2019] 4 WLUK 35

In the World Protein Case, following on from the case of CMOC v Persons Unknown decided in 2017, the High Court has taken the opportunity to reaffirm that interim freezing injunctions are able to be granted against persons unknown.

Legal Professional Privilege

Privilege remains an important issue and cornerstone of the English legal system. As we previously reported, the Court of Appeal in SFO v Eurasian Natural Resources Corporation Ltd [2018] EWCA (Civ) 2006 (ENRC) had reversed its previous decision and upheld that certain documents (including notes of evidence, summaries of reviews of documents and information about work being undertaken, presentations made to the Board or internal committees, and reports prepared by forensic accountants), were covered by litigation privilege and legal advice privilege.

How to raise the money you need to operate your business?

As a business owner at whatever stage your business is at, one of the primary questions will be “how am I going to raise the money I need to operate my business?” The answer to this is likely to be either debt or equity finance.

HR Law — April 2019

Welcome to the April 2019 edition of HR Law.

5G: A Catalyst for Change

Dubbed the ‘fifth generation’ of mobile technology, 5G is due to succeed 4G technology in the UK towards the end of 2019. Whilst a successor to 3G and 4G, 5G technology is vastly different to these previous advancements resulting in capabilities which are going to change the way we live and work in years to come.

Building Interest Winter 2019

Welcome to the Winter 2019 edition of Building Interest.

Thinking Real Estate Issue 8

Welcome to the seventh edition of Thinking Real Estate, where we share thoughts and ideas on topics across the real estate industry.

Regenerating and future proofing our town centres

The future of our town centres is high on the national agenda with the Housing, Communities and Local Government Select Committee recently publishing its “High Streets and Town Centres in 2030” report.  This is the outcome of a six month inquiry into the future role of the high street in contributing to the local economy and the health, cohesion and cultural life of the local community.

Report - The future of workplace investment

In the past, investors have been able to put their money in safe commercial stock and expect a solid return. The rise in profile of co-working and flexible workspaces, and occupier demand for more fluidity, means landlords are having to do more to keep up with the competition.

Report - Estate regeneration: creating a new generation of neighbourhoods

The need for large-scale estate regeneration is established – but how can it be delivered in a way that adequately involves residents and has their buy-in and support?

Housing association Board Members: an update on payment, taxation and employment rights

Whether to pay board members, what to pay them, and how to pay them have long been vexed questions. We've noticed an increase in the number of requests for advice on the status of board members, and on disputes with board members.

HR Law - March 2019

Welcome to the March edition of HR Law.

Mencap will go to the Supreme Court!

Unison has won permission to appeal the Court of Appeal's decision in the Mencap case (Focus Care Agency Ltd v Roberts, Frudd and another v The Partington Group Ltd and Royal Mencap Society v Tomlinson-Blake) to the Supreme Court.

New Oman Commercial Companies Law —— February 2019

Royal Decree 18/2019, the new Commercial Companies Law, comes into force in mid-April 2019 (New Law). In many respects the New Law, which comprises 312 articles compared to the 176 articles under Royal Decree 4/74, as amended (Old Law), is generally the same as the Old Law. However, there are some important new concepts and a much needed dose of modernity introduced under the New Law.

GDPR survey

Do you need further help managing your data? Answer 3 questions in our GDPR survey.

Quarterly Housing Update Winter 18/19

Welcome to the winter edition of Quarterly Housing Update.

Housing Litigation Update - Winter 18/19

Welcome to the winter edition of Housing Litigation Update

HR Law — February 2019

Welcome to the February edition of HR Law.

Drainage Cartel: Claiming financial compensation for inflated product prices

Three of the UK's leading drainage product manufacturers - Stanton Bonna, CPM Group and FP McCann - have been provisionally found to have broken competition law by operating a cartel. This gives buyers and end users of their products the possibility of claiming financial compensation for inflated prices caused by the cartel.

Pensions: What should you look out for in 2019?

As ever in the pensions world, the new year brings yet more change and challenges for both employers and trustees. We've looked at the key trends and developments we expect to see and the questions clients are asking.

It’s time small firms got justice from the banks

Partner Ned Beale talks about the changes in the culture of financial services in The Times.

What to expect in 2019

What does 2019 have in store for employment law?

How to decide whether to use an agent or a distributor to grow your business

If you are either starting up or scaling up your business (particularly in a new territory or market), you may want to consider first appointing an agent or distributor to promote and/or sell your goods and/or services, in order to gain entry into a market, drive sales or gain recognition for your brand. In addition to agency and distribution, you may have already considered options such as a joint venture, or franchising as your channel, as well as direct sales and online presence.

Supreme Court backs tenant in landmark decision

In S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 the Supreme Court has given landlords and tenants of commercial premises new guidance on the operation of ground (f) of section 30(1) of the Landlord and Tenant Act 1954, in particular a landlord's ability to refuse a new business lease to its tenant on grounds that the landlord intends to redevelop the premises.

HR Law — January 2019

Welcome to the January edition of HR Law

Licensing and leisure team update

Welcome to our December 2018 bulletin, in which we consider topical issues for the licensing and leisure sectors. In this edition we focus on Temporary Event Notices (TENS); the Welsh Government's minimum unit pricing for alcohol; an update on the draft London Plan; Westminster City Council's proposed levy on new hotels and 'Special Policy Areas'.

Future of work - Government publishes good work plan

The Government has published its Good Work Plan today. The Plan sets out the Government's vision for the future of the UK labour market, as well as how it intends to implement the recommendations arising from the Taylor Review of Modern Working Practices.

How to set up an EMI option scheme

People can make or break your business — so the importance of having the right people and retaining talent usually comes back to one thing — incentivisation. The word “incentive” can raise alarm bells for early stage businesses, as you simply don’t have the financial resources to pay competitive salaries and bonuses.

Building Interest Autumn 2018

Welcome to the Autumn 2018 edition of Building Interest.

Private Wealth Newsletter - December 2018

Welcome to the December edition of the Private Wealth newsletter.

Brexit update: what does it all mean for employment?

Ever since the full text of the draft EU-UK withdrawal agreement was published, the press has been rife with reports of a beleaguered Theresa May. So what happens next? The short answer seems to be anyone's guess! However, in terms of procedure there are a number of steps that need to be taken before we have any certainty.

Tracing the proceeds of cybercrime

One of the challenges in pursuing cybercriminals relates to the speed at which funds that have been misappropriated can be transferred to accounts in foreign jurisdictions which can obstruct the process of tracing and freezing the money. The recent case of CMOC Sales and Marketing Ltd v Persons Unknown [2018] EWHC 2230 (Comm) has confirmed that it is possible to secure worldwide freezing injunctions against 'persons unknown' to assist with this issue.

At last, guidance from BEIS - but does it help?

Following the Court of Appeal's ruling in the Mencap case (Focus Care Agency Ltd v Roberts, Frudd and another v The Partington Group Ltd, and Royal Mencap Society v Tomlinson-Blake) in July, the Department for Business, Energy and Industrial Strategy (BEIS) has today issued a revision to its guidance on sleep-in shifts.