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FX collective proceedings: analysing the Court of Appeal certification and carriage judgment On 25 July 2023, the Court of Appeal handed down its judgment relating to the European Commission’s Forex settlement decisions from May 2019. In summary, the Court of Appeal partially allowed the appeal from the Competition Appeal Tribunal’s ... Financial Regulation group's banking and investment services column for Practical Law - August 2023 Our August 2023 column for Practical Law Financial Services subscribers on topical developments in the banking and investment services sector. In their column for August 2023, Nick, Selmin and Emily consider the constantly evolving nature of financial re... EFIG: European Banking Newsletter - August 2023 Developments in this month's edition include: Crisis management and deposit insurance framework – ECB publishes Opinion Aggregation and reporting of risk data – ECB publishes draft Guide FinTech and the future of financial intermediat... BLOG: No joy for JTI: but whose purposes are unallowable? For UK tax practitioners who are feeling bereft after binge-watching the final season of Succession, the ongoing series of “unallowable purpose” cases offers plotlines that are, if admittedly less glossy, no less intriguing. Competition & Regulatory Newsletter: CAT rejects first application for review of a subsidy decision under Subsidy Control Act 2022 On 27 July 2023, the UK Competition Appeal Tribunal rejected the first application for the review of a subsidy decision under the Subsidy Control Act 2022, holding that Durham County Council did not illegally cross-subsidise its two different waste collec... The Lending and Secured Finance Review - 9th edition - England and Wales chapter The Lending and Secured Finance Review: an overview of developments in the corporate lending and secured finance markets in 15 different countries. The Lending and Secured Finance Review provides an overview of the developments in the corporate lending a... ACT Borrower’s Guide to Sustainability-Linked Loan Terms The ACT Borrower’s Guide to Sustainability-Linked Loan (SLL) Terms aims to equip treasurers with an understanding of the parameters of an SLL and how those characteristics are protected in the facility documentation.  SLL terms have evolved mo... Supreme Court deals blow to litigation funders in the CAT The Supreme Court has held that litigation funding agreements that allow funders to recover a percentage of damages are, in fact, damages-based agreements (“DBAs”) and enforceable only if they comply with the detailed legal regime for DBAs. T... BLOG: Purpose tests in anti-abuse or anti-avoidance provisions in the UK In addition to the general anti-abuse rule (GAAR), numerous purpose tests are built into the UK tax code. Every time a new set of tax rules is introduced, they tend to be accompanied by at least one targeted anti-avoidance rule (TAAR), and these TAARs rel... BLOG: Purpose tests in anti-abuse or anti-avoidance provisions: perspectives across Europe In order to carry out a transaction, taxpayers are generally free to choose between different structures and tax regimes, and to choose the structure or regime which produces the lowest tax burden. But their freedom is constrained by anti-abuse rules or a...