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This review forms part of a broader set of FCA actions in 2025 to reshape UK private funds regulation, alongside the 7 April 2025 consultation on wider regulatory reform; the 26 February 2025 ‘Dear CEO’ letter, which assessed how UK fund managers handle conflicts of interest; and the 8 May 2025 findings concerning the conduct of smaller managers (see ‘further reading’ below) Context of FCA review The FCA’s review arises from concerns about the distinctive characteristics of private market assets. Unlike public market assets, these holdings are not traded frequently nor subject to regular price discovery. Consequently, firms rely on judgement-led valuation techniques, creating risks such as misvaluation, conflicts of interest, or insufficient expertise. The FCA also notes that UK private fund managers operate under a range of different structures. Open-ended funds, which permit redemptions throughout the fund’s life, encounter more acute valuation challenges than closed-ended funds, where genuine value and performance are only confirmed when assets are realised There are also vehicles that...
Original news Re V (a child) (recognition of foreign adoption) [2017] EWHC 1733 (Fam), [2017] All ER (D) 59 (Jul) The applicants, Nigerian citizens temporarily present in the UK, sought recognition of a Nigerian adoption order. Having reviewed the full range of criteria relevant to acknowledging adoptions made abroad, the Family Court granted the application. Why does this matter, and what should practitioners take from it? The decision engages the doctrine of comity in the context of recognising adoption orders from other jurisdictions. Where the order originates in a state that has ratified the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, it is automatically recognised as a Chapter 4 ‘overseas adoption’ (Adoption and Children Act 2002, ss 66, 87; Adoption (Recognition of Overseas Adoptions) Order 2013, SI 1801/2013). By contrast, adoptions from countries not on the recognised ‘overseas adoption’ list, including Nigeria, only take effect in English law if the High Court recognises them under its inherent powers....
In this issue: Advertising, marketing and sponsorship Agency and distribution Contracts International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—19 June 2024 Unilever UK Ltd lodged a complaint with the Advertising Standards Authority (ASA) regarding two adverts for Fussy Ltd, a deodorant brand. Believing the ads alluded to its Lynx range, Unilever argued they discredited a rival product. The ASA agreed and upheld the complaint. See: LNB News 19/06/2024 8. Agency and distribution Bitcoin inventor drops case against software developers On 14 June 2024, lawyers for the man who failed to prove he invented bitcoin told a London court that his company has abandoned its claim against software developers, as it likewise relied on his assertion that he is the pseudonymous creator of the virtual currency. See News Analysis: Bitcoin inventor drops case against software developers. Contracts Compliance...
The labels ‘bonds’ and ‘notes’ are commonly used as equivalents in practice, with no legal distinction between the two. Typically, notes are issued on a continuous or intermittent basis and usually have shorter maturities (under three years), whereas bonds tend to be brought to market in a single, large offering with a longer maturity. For a general introduction to the debt capital markets, see Practice Notes: Key features of the debt capital markets and Introductory guide to the debt capital markets. Characteristics and motivation of bondholders Bonds are typically held by a broad cross‑section of investors generally situated in a range of jurisdictions. Bondholders are usually institutional or private lenders and may include pension funds, insurance companies, investment funds, governments and large corporate entities. Because bonds are freely traded on the open market, the ease and frequency of trading mean it is more difficult to identify and communicate with a diverse, rapidly changing bondholder group during a restructuring than with a bank group. It is often harder to...
Author: James Todd, with appreciation to David Cruickshank and Jamie Dunne Introduction and scope The purpose of this Practice Note is to: introduce the rise of ‘gas peaking’ projects that are becoming increasingly widespread across Great Britain’s (GB) electricity market, and set out the principal subsidy/support arrangements that make such projects attractive for developers and, where appropriately structured, suitable for project financing For more information on central project financing issues relating to gas peaking projects, see Practice Note: Gas peaking projects—key project issues relevant to project financing. This Practice Note considers gas peaking within the GB energy market and does not take account of the distinct position in Northern Ireland. For further practical guidance on the financing of energy, power and resources projects across a range of sectors, including those discussed in this Practice Note, see also textbook: Energy and Resources Financing: A Practical Handbook. What is ‘gas peaking’? In broad terms, peaking technology describes any form of technology...