International

This quarterly round-up looks into some of the main regulatory developments and trends in fintech regulation during the second quarter of 2018. The previous edition of this briefing for January to March 2018 can be found here. Evolution of ICOs  The market for initial coin offerings (ICOs) continues to develop despite increased regulatory scrutiny. As […]

Fladgate advised Cenkos Securities plc on the English elements of an offering (in the UK and Australia) to raise AUD 17 million for 88 Energy by way of a placing. The placing was implemented by an accelerated bookbuild. 88 Energy has a 63% working interest and operatorship in approximately 342,000 acres onshore on the prolific […]

The recent decision in the Kamoto Copper Company SA v (1) Africa Horizons Investments Ltd and (2) Ventora Development SASU case highlights the challenges that a party subjected to US sanctions may face attempting to circumvent an exclusive jurisdiction clause in favour of the English courts. The Claimant, a subsidiary of the mining giant Glencore, […]

Many non-UK resident lenders in the commercial property sphere will often have encountered the problem of UK withholding tax on interest at 20%. As an alternative to the traditional double tax treaty relief method, the qualifying private placement is a relatively new method through which investors and lenders can be exempted from withholding tax on […]

Smart contracts are one of the major developments arising out of the distributed ledger and are intended to simplify how contracts are made and executed.   This briefing considers what they are and how they fit into the law of contract. What are smart contracts? There is no standard, generally accepted definition of smart contracts but […]

On 26 April, the UK ratified the EU’s Unified Patent Court (UPC) agreement. Although much of intellectual property law and practice is already harmonised amongst EU member states, a UPC would set up a common patent court for the hearing of intellectual property cases, and the direct applicability of its rulings, across all EU member […]

Fladgate LLP acted for AuVert Mining Group Limited in relation to the acquisition of the entire issued share capital of Ulloa Recursos Naturales S.A.S , a Colombian entity, from AIM listed mineral exploration and development company Bezant Resources Plc. Ulloa holds alluvial platinum and gold licences located in the Choco region of Colombia. Corporate partner […]

The Asset Management Market Study carried out by the Financial Conduct Authority (FCA) raised concerns about weak price competition and the ability of investors to seek the best value. Therefore the FCA has decided to introduce new rules and guidance applicable to authorised fund managers (AFMs) in respect of their management of authorised funds subject […]

In the recent Court of Appeal judgment of Okpabi v Royal Dutch Shell Plc[1], the court examined the issue of whether there was an arguable case that Royal Dutch Shell (Shell), as the UK parent company of a Nigerian subsidiary, owed a duty of care to those affected by oil leaks from pipelines and associated […]

This quarterly round-up looks into some of the main regulatory developments and trends in fintech regulation during the first quarter of 2018. Moves to regulate The appetite of governments and supervisors to regulate the crypto-world is increasing and, although short-term the position remains uncertain, it is clear that regulation is on its way. Within the […]

Last month we reported on the increasing drive in English litigation towards alternative means of resolving disputes, including proposals for the increased use of Online Dispute Resolution (ODR). Now, the European Commission has published a report on the function of its online European Dispute Resolution platform, launched in January 2016.  Interestingly, the report reveals that […]

How do you commence an LCIA arbitration if you have claims under several similar contracts against one party? Can you really get two LCIA arbitrations for the price of one? The recent decision by the Commercial Court highlights a trap into which the unwary could fall. In A v B [2017] EWHC 3417 (Comm), B […]