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01 May 2008 / George Davies , Richard Burger , Peter Steel
Issue: 7319 / Categories: Features , Public , Regulatory , Commercial
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Regulatory Column

The Practitioner

What a Mess!

The late, great Frank Muir used to write about the antics of a rather scruffy Afghan Hound. All those who came across the unfortunate mutt would exclaim: “What a mess!” Unsurprisingly, the poor animal came to believe that this was in fact his real name. One would not be surprised to find that those whose task it is to contain the perennial problem of insider dealing and market abuse in the UK might have a similar reaction when they try and implement the latest initiatives from HM Treasury and the Financial Services Authority (FSA) in this area.

HM Treasury recently produced a “consultation paper” dated 7 February 2008. It's always hard not to think of the words “kick” “long” and “grass” when one sees the word “consultation” in this context but perhaps genuine input from market users is what HM Treasury wants (or needs) this time round.

Defining Market Abuse

Since the adoption of the Market Abuse Directive (MAD) in July 2005, s

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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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