LIBOR Discontinuation: FCA non-representativeness announcement

    The FCA today made its much anticipated announcement that all LIBOR settings will either cease to be provided by any administrator or will no longer be representative: immediately after 31 December 2021, in the case of all sterling, euro, Swiss franc and Japanese yen settings, and the 1-week and 2-month US dollar settings; and immediately … Read more

    Operational Resilience: respond, enhance, thrive

    Operational resilience is the next phase in the evolution of financial services regulatory policy. Regulators’ expectations are increasing – but it’s an evolution rather than a revolution; firms – more specifically firms’ senior managers – must “join the dots” across a range of practical risk management and governance activities. Increased regulatory scrutiny can lead to … Read more

    The evolution of Class Actions in South Africa

    In an article published on our global class actions hub, Jonathan Ripley-Evans and Fiorella Noriega del Valle of our Johannesburg office consider the process for certification of class actions in South Africa and the significant hurdles involved, as illustrated by the South African High Court’s refusal to certify a shareholder class action against a company’s directors in the case … Read more

    Supreme Court judgment in KBR v SFO appeal: detailed briefing published

    As reported in our previous blog post, the Supreme Court has handed down judgment in a keenly anticipated case concerning the scope of extraterritorial application of the SFO’s document compulsion powers under section 2(3) of the Criminal Justice Act 1987 (CJA): R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] … Read more

    LIBOR transition: What is a “safe harbour” and why does the UK’s legislative toolkit need one?

    In the context of the UK’s legislative solution for the transition of so-called “tough legacy” LIBOR contracts, contained within the Financial Services Bill (FS Bill), HM Treasury (HMT) has recently published a consultation paper: Supporting the wind-down of critical benchmarks. The consultation considers the case for incorporating a legal “safe harbour” in the legislation, to … Read more