Eversheds Sutherland

Financial Services analysis: Following the recent UK government Roadmap, on 3 November 2021, the Financial Conduct Authority (FCA) published a discussion paper setting out its plans for Sustainability Disclosure Requirements (SDR) for corporates, asset managers and products, and a sustainable investment categorisation and labelling scheme for retail investment products. This News Analysis, authored by Michaela Walker and Phil Spyropoulos, partners of Eversheds Sutherland, sets out a summary of the discussion paper.

Financial Services analysis: Michaela Walker, partner, Julian Brown, partner, Mark Latimour, partner and Gareth Collins, associate, of Eversheds Sutherland LLP analyse the Financial Conduct Authority’s (FCA’s) policy statement on the new UK Long Term Asset Fund (LTAF), including governance and disclosure, purpose, investment powers and restrictions, valuation, redemptions and distribution.

Financial Services analysis: Phil Spyropoulos, partner, and Thomas Pritchard, principal associate PSL, both of Eversheds Sutherland, analyse the Financial Conduct Authority (FCA)’s final rules on packaged retail and insurance-based investment products (PRIIPs). In particular, the authors examine whether the amendments solve the PRIIPs problem areas raised in 2020 relating, among other things, to scope, performance scenarios, transaction cost and risk disclosures.

This Practice Note considers appeals from the High Court to the Court of Appeal. It provides an overview of the jurisdiction of the Court of Appeal, its role and its conduct in relation to appeals from the High Court.

This Precedent can be used for full or partial release of security and is intended for use in relation to a bilateral debenture or mortgage document where the chargor is a company registered in Ireland. The release of a mortgage or charge will usually be documented through a deed of release. This is particularly important where the security has been released early or without full satisfaction of the debt as this avoids any debate about a lack of consideration and ensures that any third-party dealing with the security provider can be confident that the release was effective. Also, the release should be documented by way of a deed if the security involves a legal mortgage of land in order to satisfy LCLRA 2009 (IRL). A full release may be suitable when the creditor no longer requires any security to be held, for example, when all debts owed to the security holder are being repaid or refinanced by another lender. Where a full release is taking place, the obligations and liabilities of the security provider will also be released. 

This Practice Note considers the release of security following the full or partial satisfaction of a secured debt. It looks at some preliminary issues to consider before any release is effected and the steps that must be taken to register the release of security at the Companies Registrations Office and/or on an asset register (eg at Tailte Éireann, Registry of Deeds, at the Central Bank of Ireland, on the Register of Ships, at the Irish Aviation Authority or at the Intellectual Property Office of Ireland).

This Overview provides a brief outline of the content in the ‘Local government pensions’ subtopic, including the post-2014 Local Government Pension Scheme and the pre-2014 Local Government Pension Scheme, admission agreements, local government outsourcing, and the role of the Pensions Regulator in respect of public sector pension schemes.

This overview provides an outline of the pension arrangements which tend to operate on a industry-wide basis. In particular, this covers the Electricity Supply Pension Scheme.

Financial Services analysis: Phil Spyropoulos, partner, and Marta Gajos, associate of Eversheds Sutherland analyse the European Commission’s Q&As on the application of Regulation (EU) 2019/2088 on sustainability-related disclosures in the financial services sector (SFDR).

Financial Services analysis: Ronald Paterson, partner, Sarah Burnside, legal director, and Thomas Pritchard, principal associate professional support lawyer, all of Eversheds Sutherland (International) LLP analyse the Financial Conduct Authority (FCA)’s announcement that it plans to consult on allowing UK authorised retail funds to make exceptional use of ‘side pockets’ in light of the difficulties to dispose of Russian and Belarusian assets. Areas covered include how side pockets can be used effectively, their effect on retail investors and the reason why side pockets have not been used previously for FCA authorised retail funds.