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Legal professional privilege: does it exist when there are criminal investigations?

Legal professional privilege: does it exist when there are criminal investigations?

There are two types of legal professional privilege (“LPP”): Legal advice privilege – which arises in relation to the giving or receiving of legal advice that is confidential; and Litigation privilege – which arises when confidential communications between legal advisers, clients and their third parties arise, provided that they are ... Read More »

The implied duty of good faith in commercial contracts and its impact on deferred consideration clauses in corporate sale and purchase agreements

The implied duty of good faith in commercial contracts and its impact on deferred consideration clauses in corporate sale and purchase agreements

Jurisdictions around the world (including in the United States, France, Germany and Holland) generally recognise, to some extent, the principle that contracting parties owe each other a duty of good faith in the performance of their contractual obligations. This piece will look at the differing approaches taken in several jurisdictions ... Read More »

Company procedure update

Company procedure update

In the last few In Counsel updates we have repeatedly raised the changes to company law brought about by the new register of people with significant control (PSC Register) which came into force on 6 April 2016. However, the PSC Register regime is not the only change to the Companies ... Read More »

Parliamentary Select Committee enquiry into defined benefit pension schemes: Show-stopper or damp-squib?

Parliamentary Select Committee enquiry into defined benefit pension schemes: Show-stopper or damp-squib?

Introduction Not content with its Report on the BHS Scheme (issued on the 20 July 2016) the Parliamentary Select Committee (the Committee) announced on 8 August 2016 a wide ranging enquiry into defined benefit (DB) schemes and asked for written submissions on 5 topics by 23 September 2016. Below is ... Read More »

Reform of the prospectus regime

Reform of the prospectus regime

The European Parliament recently adopted major amendments to the draft Prospectus Regulation (the Regulation) proposed by the European Commission to replace the Prospectus Directive 2003/71/EC as amended (the Directive). The Regulation constitutes an essential step towards the completion of the Capital Markets Union. One of the aims of the Directive ... Read More »

Disguised remuneration: Window to claim transitional relief on investment growth extended

Disguised remuneration: Window to claim transitional relief on investment growth extended

Currently, the Finance Act 2011 provides tax relief on amounts earned in disguised remuneration schemes (employee benefit trusts), with a tax charge applying only to the amount invested. This relief is due to be withdrawn as part of the Government’s crackdown on employee benefit trusts. In order to encourage settlement ... Read More »

New anti-money laundering regime

New anti-money laundering regime

Businesses need to prepare themselves now for the implementation of the new EU Anti-Money Laundering Directive (the Directive). The Directive is scheduled to come into force in July 2017, but there are proposals to accelerate the implementation date to 1 January 2017.  HM Treasury has issued a consultation on the ... Read More »

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