D&O and FI Newsletter - Spring 2021

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D&O and FI Newsletter - Spring 2021

Published 4 May 2021

NatWest’s dirty laundry: will the directors be hung out to dry? 

                                                                                                  



The FCA has sent a clear message that it will not tolerate failures in anti-money laundering systems and that it has taken its fight to the next level.

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Class Actions in the UK – Update

 

 

 


The increase in collective actions in the UK has been exponential in recent years. Here is a round-up of some of the latest actions.

 

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How will Covid-19 impact D&O claims?

 

 



The economic uncertainty for companies caused by the Covid-19 pandemic has placed a heavy burden on directors. That burden of responsibility is set to become even heavier as the temporary measures introduced in 2020 to support companies during the pandemic come to an end.

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Employment Practices Liability insurance – the impact of Covid 19

 

 

 

Employment tribunal claims have increased significantly over the past year due to Covid-19 and they are expected to rise further when the Coronavirus Job Retention Scheme (“CJRS”) ends on 30 September 2021.

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Leeds City Council & others -v- Barclays Bank Plc & another [2021] EWHC 363 (Comm)                                                                                                              

Awareness of the representation by the Claimant is an essential ingredient in a claim for misrepresentation

In this recent decision, the High Court considered how reliance, in a claim for misrepresentation against a bank, should be established and more particularly, whether the claimant must be aware of the representation to ‘rely’ on it. 

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Shareholders bringing derivative claims against directors face significant challenges   

                                        

The case of Hughes v Burley and others [2021] EWHC 104 (Ch) provides a useful illustration of the challenges facing shareholders in obtaining permission to pursue derivative claims against directors, particularly where the claim may be of limited interest to the company (as opposed to the shareholders). 

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Exposures under the Pensions Schemes Act 2021 – a focus on the insurance implications   

                                        

The introduction of broad new criminal sanctions and civil fines in the Pensions Act 2021 (PSA) exposes a wide range of persons involved in pension schemes, from the directors and officers of an employer, the trustees of the scheme, to the many professional advisers. 

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A year on from the start of the pandemic are we seeing an increase in offshore claims?   

                                     

In March 2020, some of the UK’s prominent property funds froze around £11 billion of assets as a result of the anticipated economic impact of the COVID-19 pandemic. The vast majority of these funds are domiciled offshore, to take advantage of the low taxation regime. 

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Authors

William Allison

William Allison

London - Walbrook

+44 (0) 20 7894 6440

Graham Ludlam

Graham Ludlam

London - Walbrook

+44 (0)20 7894 6442

Francesca Muscutt

Francesca Muscutt

London - Walbrook

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