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Financial services & markets

17 July 2009
Issue: 7378 / Categories: Case law , Law digest
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Re Names at Lloyd’s for 1992 and prior years of account represented by Equitas Ltd Re Equitas Insurance Ltd (formerly Speyford Ltd) [2009] EWHC 1595 (Ch); [2009] All ER (D) 73 (Jul)

The court’s power, conferred by s 111 of the Financial Services and Markets Act 2000, to sanction a business transfer scheme was subject to a number of jurisdictional threshold conditions set by Pt VII of the 2000 Act, namely: (i) the scheme had to be a business transfer scheme; (ii) the ‘requirements’ imposed by s 108(1), to be found in the Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001, SI 2001/3625, had to be complied with save and to the extent that the court had waived them; (iii) by s 109(1), there had to be a report on the terms of the scheme by a person fulfilling the qualifications set out in s 109(2) and the report had to be in a form approved by the Financial Services Authority; and (iv) by s 111(2), the court had

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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