-
Oct 9, 2024 | 
lexology.com | Robert Dedman |Simon Morris |Kushal Gandhi
IntroductionOn 2 October 2024, the Court of Appeal delivered a significant judgment in the case of Financial Conduct Authority v BlueCrest Capital Management (UK) LLP ([2024] EWCA Civ 1125). This decision addresses: (a) the scope of the Financial Conduct Authority's (FCA) powers under the Financial Services and Markets Act 2000 (FSMA) to impose redress requirements on an individual regulated firm; and (b) on the scope of the jurisdiction of the Upper Tribunal.
-
Sep 23, 2024 | 
lexology.com | Vanessa Whitman |Kushal Gandhi |Rachel Harrison
Fabrizio D'Aloia v Persons Unknown Category A, Binance Holdings Limited, Polo Digital Assets Inc, Gate Technology Corp, Aux Cayes Fintech Co Ltd, Bitkub Online Co Ltd, Persons Unknown Category B (EWHC 2342 (Ch), 12 Sep 2024)D’Aloia will be a case name recognised by those with an interest in crypto law.
-
Sep 23, 2024 | 
cms.law | Vanessa Whitman |Kushal Gandhi |Rachel Harrison
23/09/2024Fabrizio D'Aloia v Persons Unknown Category A, Binance Holdings Limited, Polo Digital Assets Inc, Gate Technology Corp, Aux Cayes Fintech Co Ltd, Bitkub Online Co Ltd, Persons Unknown Category B (EWHC 2342 (Ch), 12 Sep 2024)D’Aloia will be a case name recognised... Read more
-
Sep 10, 2024 | 
cms.law | Robert Dedman |Simon Morris |Kushal Gandhi
Court of Appeal Decision in Financial Conduct Authority v BlueCrest Capital Management: Implications for Regulated Firms09/10/2024IntroductionOn 2 October 2024, the Court of Appeal delivered a significant judgment in the case of Financial Conduct Authority v BlueCrest Capital Management (UK) LLP ([2024] EWCA Civ 1125). This decision addresses the scope of the Financial Conduct Authority's... Read moreAuthors Robert DedmanPartnerLondonSimon MorrisPartnerLondonKushal GandhiPartnerLondon
-
Aug 7, 2024 | 
lexology.com | Kushal Gandhi |Rachel Harrison |Lakshanthi Fernando |Wei Ming Tan |Os Agarwal
In both England and Singapore, the purpose of an award for breach of contract is to compensate the injured party. The award is generally meant to place the claimant in the same position as if the contract had been performed. The courts will typically assess damages by reference to the date on which the contract was breached, unless this would result in an injustice.
-
Jul 15, 2024 | 
cms.law | Kushal Gandhi |Richard Bamforth
Arbitration agreement does not prevent winding up petition15/07/2024The Privy Council has recently delivered a landmark judgment on the interplay between arbitration agreements and winding up petitions. The Board held that the English case of Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 1575; Ch 589, which had adopted... Read moreAuthors Kushal GandhiPartnerLondonRichard BamforthPartnerLondon
-
May 20, 2024 | 
lexology.com | Kushal Gandhi |Tom Dane |Laura Houët
The Financial Conduct Authority (FCA) has recently published its finalised guidance on the anti-greenwashing rule, which will come into force on 31 May 2024. The anti-greenwashing rule, in the Environmental, Social and Governance (ESG) Sourcebook, requires all FCA authorised firms to ensure that any reference to the sustainability characteristics of a product or service is:consistent with the sustainability characteristics of the product or service, andfair, clear and not misleading.
-
May 20, 2024 | 
cms.law | Kushal Gandhi |Tom Dane |Laura Houët
20/05/2024The Financial Conduct Authority (FCA) has recently published its finalised guidance on the anti-greenwashing rule, which will come into force on 31 May 2024. The anti-greenwashing rule, in the Environmental, Social and Governance (ESG) Sourcebook, requires all... Read more
-
Apr 24, 2024 | 
lexology.com | Tom Dane |Vanessa Whitman |Kushal Gandhi |Philip Woodfield
Working with litigation analytics company, Solomonic, CMS has published its Banking Disputes Report 2024, a data-driven review of the Banking and Finance sector’s dispute-related activity to identify key trends, how banking disputes are being determined in 2024 and what might lie ahead. Key findings of the 2024 report:The Banking and Finance sector had the highest volume of new High Court claims filed in 2023. This trend has continued into Q1 2024.
-
Apr 24, 2024 | 
cms.law | Tom Dane |Vanessa Whitman |Kushal Gandhi |Philip Woodfield
24/04/2024Working with litigation analytics company, Solomonic, CMS has published its Banking Disputes Report 2024, a data-driven review of the Banking and Finance sector’s dispute-related activity to identify key trends, how banking disputes are being determined in 2024... Read more
