Published on: 14 February 2023
Published by a LexisNexis Financial Services expert
Cryptocurrencies have triggered extensive discussion in recent times indeed. Debate has largely centred on their valuation or how these assets should be regulated today. However, scrutiny of market manipulation is essential, especially the behaviour of digital asset trading platforms themselves. FTX’s late-2022 implosion thrust crypto and market abuse squarely into view for the wider public today. At one stage in its three-year life, it stood as the world’s third-largest exchange by trading volume at peak. Today, FTX’s founder and chief executive Sam Bankman-Fried faces charges for conspiracies to commit commodities fraud and securities fraud, plus conspiring to defraud the United States and to violate campaign finance laws. These counts arise from claims he cheated investors of US$1.8bn (£1.5bn) in total. Since last November, FTX has been under Chapter 11 proceedings in the US courts. The sheer scale and profile of FTX’s downfall has prompted wider doubts about how crypto exchanges operate and the likelihood of market manipulation—the effort to distort an asset’s price and / or to influence overall market behaviour patterns. Such manipulation is far from exclusive to crypto venues. It remains an unlawful activity that has persisted for centuries historically. Yet Deloitte, in its 2021 report ‘Market...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...