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05 May 2021
Corporate Debt and Treasury Report 2021
Corporate Treasury Proves Resilient to COVID-19 Challenges and ESG Rises Up The Corporate Agenda For the seventh consecutive year, our Corporate Debt team has surveyed and interviewed treasurers and other senior finance professionals over 100 large UK listed corporates (and equivalents) for our...
06 November 2020
That’s Gold: Federal Court gives Gascoyne DOCA the green light
On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd [2020] FCA 1395, dismissing Habrok’s attempt to set aside a Deed of Company Arrangement ( DOCA ). The DOCA had been the culmination of a 15 month...
12 August 2020
Germany: DAC6 – The impact of the new EU Disclosure Rules on Lending Transactions
With effect from 1 July 2020, new mandatory disclosure obligations to tax authorities of certain cross-border arrangements have come into force in Germany. The new rules are based on the 6th EU Directive on Administrative Cooperation (“ DAC6 ”). Even though the underlying updated EU rules would...
09 July 2020
Pressure Points: A focus on security interests under the PPSA (Australia)
Like other crises that have come before it, both financial and otherwise, Covid-19 has impacted business revenue in almost all sectors. Government mandated social and business lockdowns in Australia and overseas have resulted in contracted liquidity and businesses needing to expend cash, tap...
24 June 2020
Pressure Points: Preparing for the ‘new norm’ of on and off restrictions
As most of Australia contemplates the ongoing easing of emergency measures taken by State, Territory and Commonwealth governments in response to Covid-19, Victoria has announced it will extend its state of emergency until at least 20 July after a spike in cases. Further away, cities in China and...
19 June 2020
Governance: ESG in Aviation Finance (Global)
Introduction What is ESG and how does it relate to financing? Environmental, social and governance (ESG) factors are a set of criteria which corporates, their creditors and other stakeholders are increasingly taking into account when making investment decisions. ESG factors cover issues such as...
09 June 2020
Governance: Changes to UK insolvency law could impact secured and unsecured bank debt (UK)
Update ; The Corporate Insolvency and Governance Act 2020 commenced into effect on 26 June 2020. While the final provisions of the Act largely reflected the drafting of the original Bill, certain amendments were made including to: (i) improve the information available to certain pensions creditors...
18 May 2020
COVID-19: Pressure Points: Finance briefing (UK)
In recent weeks we have been working with many UK corporates to support their immediate liquidity needs and to plan ahead, ensuring businesses are in good position to weather the COVID-19 storm. In this briefing we provide a snapshot of our views of the latest UK corporate debt and treasury trends:
07 May 2020
COVID-19: Pressure points: The impact on development finance transactions (Australia)
Less than five months have passed since the existence of a new virus was reported to the World Health Organisation. The pandemic continues to expand, with confirmed cases of COVID-19, the disease caused by the coronavirus (SARS-CoV-2), soon to reach 4 million globally.
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18 October 2021
Public Law Project: Judicial Review Trends and Forecasts conference 2021
We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of 'accountability and the constitution'.
12 October 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...
11 October 2021
Cartel Intel – updates from our EMEA network
In this fourth edition of our quarterly update on key EMEA cartel developments, we are pleased to open with a short interview with Bo Vesterdorf , formerly a judge at and the President of the EU General Court and now a senior consultant with HSF. In the interview, Brussels Partner Daniel Vowden has...
08 October 2021
Onwards and Upwards: In celebration of Black History Month
Making the time and effort to understand each other's lived experiences is an important part of our commitment to building a more inclusive culture in which everyone can thrive. Capturing these experiences through the eyes of colleagues enables us to collectively take another step towards a society...
06 October 2021
Webinar: Cross-border restructurings: how UK schemes may benefit businesses in Asia Pacific
Jurisdictions across the globe have sought to expand their restructuring toolkits – spurred on by Governments seeking to support business during the pandemic. This has had a significant impact on the options available when restructuring business in Asia Pacific.
06 October 2021
Taking the Floor: Government proposes to legislate a recovery presumption for funded class action group members
On 30 September 2021, the Department of Treasury opened consultation on new laws which, if enacted in their proposed form, will introduce new hurdles for litigation funders intended to ensure fairer returns for group members in future funded class actions.
05 October 2021
Government planning significant extension to UK's pensions notifiable events regime for corporates
The government has confirmed it plans to make long-anticipated changes to the UK's pensions notifiable events regime. The changes, first floated in 2018 and now confirmed (subject to consultation), are almost certain to mean that corporates will be required to give the Pensions Regulator and...
05 October 2021
Delivering Alternative Excellence
Fresh from scooping the title of Alternative Service Provider of the Year at the recently held African Legal Awards, Vanessa Kingsmill and Naseem Ameer-Mia of Herbert Smith Freehills chatted to Africa Legal’s Tom Pearson about their recipe for success.
05 October 2021
Parliamentary Joint Committee on Intelligence and Security backs two step approach to adopting the security of critical infrastructure reforms
On 29 September, the Parliamentary Joint Committee on Intelligence and Security ( PJCIS ) published its advisory report on the Security Legislation Amendment (Critical Infrastructure) Bill 2020. 1
04 October 2021
Cartel Intel: Interview with Bo Vesterdorf, former President of the EU General Court
In advance of the next edition of Cartel Intel , our quarterly update on key EMEA cartel developments, Daniel Vowden (Partner, Brussels) had the great privilege of discussing important recent EU legal developments with Bo Vesterdorf , formerly a judge at and the President of the EU General Court (...
01 October 2021
New pensions criminal offences and regulatory sanctions now in force
From today, directors, lenders, investors and other parties to corporate activity which may jeopardise the interests of a defined benefit (DB) pension scheme face the spectre of criminal prosecution. The new pensions criminal offences and other regulatory sanctions which come into force today are...
30 September 2021
GAR Live: Energy Disputes 2021
The annual GAR Live: Energy Disputes conference is taking place in London this year, where experts from across the country and throughout Europe will join together for a hybrid event. The energy industry is currently in the midst of a pivotal shift with a growing demand for renewable sources. This...
30 September 2021
TMA submissions on Australian creditors’ scheme of arrangement consultation
On 2 August 2021, the Treasury released a consultation paper seeking feedback on changes to improve creditors’ schemes of arrangement in Australia (the Consultation Paper ). The submissions process has now closed.