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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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