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EU political update: 8 12 June 2015
  • Clifford Chance LLP
  • United Kingdom
  • June 9 2015

On 4 June 2015, the European Commission adopted an implementing act that will extend the transitional period for capital requirements for EU banking

This week at the UK regulators - 27 May 2015
  • Clifford Chance LLP
  • United Kingdom
  • May 27 2015

As has been widely reported, the FCA has (on 20 May) imposed a financial penalty of £284,432,000 on Barclays Bank Plc ("Barclays") for breaches of

Another knock for unilateral jurisdiction clauses in Europe
  • Clifford Chance LLP
  • European Union, France
  • May 18 2015

Unilateral, or one-sided, jurisdiction clauses are common in financial agreements. Typically, they provide that the borrower can sue the finance

Supreme Court simplifies claw-back rule on funds transfers in insolvency proceedings
  • Clifford Chance LLP
  • Netherlands
  • May 8 2015

A basic principle of Dutch insolvency law is that a bankruptcy order by the court takes (retroactive) effect from 0:00 on the day on which the court

Germany upfront fees in syndicated lending in light of recent Federal Court of Justice judgements
  • Clifford Chance LLP
  • Germany
  • April 29 2015

For German law consumer credits (Verbraucherdarlehen) work fees (Bearbeitungsentgelte) can only be charged upfront if the consumer (Verbraucher) has

Hong Kong High Court confirms the effectiveness of non-reliance clauses in bank-customer contracts
  • Clifford Chance LLP
  • Hong Kong
  • April 24 2015

The Hong Kong High Court recently handed down its reasons for decision dismissing a customer's mis-selling claim against DBS in respect of the sale

Case: Tael One construction of LMA terms and conditions for secondary debt trading take three
  • Clifford Chance LLP
  • United Kingdom
  • March 25 2015

That a dispute over construction of the terms of a secondary debt trade on standard Loan Market Association (LMA) terms ended up in the Supreme Court

Luxembourg legal update - March 2015
  • Clifford Chance LLP
  • Luxembourg
  • March 2 2015

On 4 November 2014, the European Central Bank (ECB) assumed its supervisory functions under the Single Supervisory Mechanism (SSM). The ECB is now

Contentious commentary - February 2015
  • Clifford Chance LLP
  • United Kingdom
  • February 13 2015

If an agreement says, wrongly, that it is subject to the Consumer Credit Act 1974, are the Act's protections incorporated into the agreement by

This week at the UK regulators - 26 January 2015
  • Clifford Chance LLP
  • United Kingdom
  • January 26 2015

Last week was an active week in terms of concluded enforcement cases. The Upper Tribunal has upheld substantial fines and prohibition orders imposed