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Brexit and Bail-in clauses The EU Bank Resolution and Recovery Directive (“BRRD”) gives powers to EEA regulators to write down or convert into equity a failing institution’s liabilities. This power is effective in respect of liabilities under a document governed by EEA law, but is ...

Brexit, C-19 and employee claims on insolvency With so many businesses under pressure from the impact of the Covid-19 outbreak, insolvency law and protections are a key area of focus for businesses and the UK government. Where a UK business becomes insolvent, the guarantee provided by the National Ins...

UPC update - Germany's Constitutional Court says Germany's UPC ratification is void - is this the final nail in the UPC coffin? ... and an opportunity for the UK? In previous posts here and here we have looked at the so-called demise of the Unified Patent Court (UPC) and the Unitary Patent (UP) from the UK perspective, especially in the post-Brexit intellectual property landscape. Now it is Germany's turn to take...

The US's reaction to France's DST In her recent post, Zoe Andrews suggested that, given the importance for the UK of securing a post-Brexit trade agreement with the US, now might not be the best time for the UK to introduce a digital services tax. Support for her view is to be found in ...

Biscuits, Brexit, and big data Britain's favourite biscuit is the McVitie's milk chocolate digestive. Britain's favourite ice lollies are Magnum ice creams. And most memorably, the UK will decide to remain in the EU. All of these are the result of polls of individuals conducted by Y...

Decisions to be made on UK CFC State aid challenge Now that they have had a chance to digest the decision in the EU State aid investigation into certain aspects of the UK CFC rules, affected taxpayers are asking a number of questions. Will the UK appeal? It would seem surprising if it did not - and we wou...

Exploring technological solutions for the Irish border post Brexit Over the last week or two there has been lots of debate about unnamed 'technological solutions' for avoiding a hard border in Ireland. So what are these mooted solutions? Firstly, we need to establish what this type of border is usually used for, taking ...

Financial Regulatory Divergence between the UK and EU Financial services has been lauded by the UK government as an area where regulatory divergence between the UK and EU will yield a Brexit dividend. But the current extent of divergence, and its direction of travel, is context-specific and it is easy to los...

Hague Judgments Convention: UK joins new regime to simplify cross-border enforcements of judgments The UK has ratified the 2019 Hague Judgments Convention. When it comes into force for the UK next July, it will make it significantly easier to enforce a wide range of English court judgments in 28 countries – including all bar one of the EU’s member stat...

Scaling through integration? Proposals on integrating greenhouse gas removals in the UK Emissions Trading Scheme The day after former UK Prime Minister Rishi Sunak requested permission from the King to dissolve parliament and called a UK general election, the UK Emissions Trading System (“UK ETS”) Authority launched a consultation on proposals to integrate greenhous...