Ireland, global tax avoidance and constructive engagement
The Republic of Ireland’s longevity as an international leasing hub has come into question following the latest round of OECD talks which seek to establish a uniform tax policy. Philip…
Legal Comments
Secret commissions: no fiduciary duty required to find liability
Richard Garcia and Harriet Campbell from the Stephenson Harwood finance litigation team look at the recent Court…
Recovery Loan Scheme for UK businesses impacted by Covid-19
Rachael Ruane, partner at Burges Salmon LLP offers a brief update on the introduction of the Recovery Loan Scheme (RLS). …
Thinking of taking enforcement action? It may pay aviation leasing companies to think twice before doing so
A recent judgment in the English courts concerning an aircraft lease default during the pandemic has raised important questions about…
The outlook for UK challenger banks
The landscape for challenger banks, or neobanks, in the UK, many of which offer business banking services including asset finance,…
Covid-19 Business Recovery Loan Scheme: a primer
The UK government has announced a new government-backed loan scheme to support UK businesses as they recover from the economic…
US dollar LIBOR transition in asset finance: where are we now?
What are the latest developments in the transition away from LIBOR? David Osborne, Dominic Pearson, Louise Mor and Elaine Ashplant of law firm Watson Farley & Williams LLP consider the…
Romania ushers in important changes to consumer leasing agreements
Significant legislative changes have been introduced in Romania affecting finance lease and operating lease agreements, according to the legal team from Bucharest-based Filip & Company. On 19 April, Law 83/2021…
Ship leasing and the risk of reclassification in US proceedings
The ever-growing importance of ship leasing as an alternative to debt financing means that one specific – and potentially difficult and uncertain – issue, is the risk of a lease…
Giving a guarantor time to pay and unenforceability under the UK’s Consumer Credit Act
In the UK, the Court of Appeal in CFL Finance v Laser Trust & Mr Gertner (2021) recently decided that, if a lender gives an individual (e.g. a guarantor) time…
English courts reject frustration argument in aviation leasing dispute
The English Commercial Court has emphasised the difficulties airline operators and aviation lessees could face in seeking to rely on the common law doctrine of “frustration” in order to avoid…
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