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Banking and finance weekly: Property (Digital Assets etc) Act; LMA deed guidance; aviation/shipping cases; EU sustainability and market integration; ISDA on gilts; MiFID 2 flags; Finance Bill 2026

Published on: 11 December 2025

Published by a LexisNexis Banking & Finance expert
Legal News
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Article summary

In this issue:

  • Property (Digital Assets etc) Act 2025
  • Lending
  • Aviation finance
  • Shipping finance
  • Real estate property
  • Sustainable finance
  • Derivatives
  • Regulation for derivatives
  • Regulation for banking lawyers
  • New and updated content
  • Useful information

Property (Digital Assets etc) Act 2025

Property (Digital Assets etc) Act 2025 comes into force

The Act clarifies which things can be recognised as objects of personal property rights, ensuring they are not excluded from such treatment. It took effect on 2 December 2025. Source: Property (Digital Assets etc) Act 2025.

Lending

LMA publishes note clarifying deed requirements and intercreditor documentation

The Loan Market Association (LMA) has assessed the impact of obiter observations in Macdonald Hotels v Bank of Scotland [2025] EWHC 32 (Comm), which raised doubt over whether a particular testimonium clause—akin to those in the LMA’s recommended intercreditor agreements—sufficiently demonstrates, on the face of the document, an intention for it to take effect as a deed under English law. In parallel, the LMA has welcomed a memorandum from the Financial Law Committee of the City of London Law Society, which supports the adequacy of the LMA’s intercreditor documentation...

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