The published reports of 88 cases mentioning Private Acts of Parliament (PAs), heard in the higher courts of England and Wales and Scotland were analysed to assess the courts’
current approach to PAs. Fifty-six English and eight Scottish cases were considered suitable for further assessment. [...]
Since some solutions are unsound, the Rio Conventions explore nature-based solutions to tackle environmental issues. The Convention on Biodiversity (CBD) promotes nature-based
approaches, while Egypt has been invited to integrate water into the Conference of the Parties (COP 27) negotiations. [...]
In the area of business law and enterprises, the internationalization of business activities and the transnational choice of legal form is playing an increasingly important
role. This is especially true in times of globalization and a common internal market within the European Union (EU). [...]
Key pointsThe notion of a ‘financial instrument’ defines the frontier of traditional financial law, such as the Markets in Financial Instruments Directive (MiFID II), and
the more recent crypto regulation, epitomized by the Markets in Crypto-Assets Regulation (MiCAR).The characteristics of a ‘financial instrument’ cannot be defined [...]
Key pointsThis contribution examines the compliance of the asset managers of Dutch Undertakings for Collective Investment in Transferable Securities (UCITS) with the Sustainable
Finance Disclosure Regulation (SFDR).The research is empirical–legal in nature and examines the pre-contractual client information of 29 UCITS.After discussing [...]
Key pointsThis article empirically examines the use of the bar date over client asset claims in the UK investment bank special administrations.Empirical evidence suggests that
the bar date was designed with considerable flaws and that its implementation only made things from bad to worse, partly because of the conflicts of interest of special [...]
Key pointsThe article analyses the doctrinal foundations and evolving jurisprudence of environmental, social and governance (ESG) litigation, highlighting key legal principles
and recent developments.It examines the role of fiduciary duties, disclosure obligations and tort law principles in holding corporations accountable for ESG impacts [...]
Key pointsDisorderly derivatives markets can arise when the prices of derivatives dislocate from those in the underlying or ‘cash’ market.Two common mechanisms are used
to connect these markets: physical settlement and the use of an index or other reference level, often one based on transactions in the cash market. [...]