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Recent case law update: Treatment of Trust Assets — Akers (and others) v. Samba Financial Group (2017)

The English Supreme Court has delivered a ruling that provides helpful guidance on the enforceability of trusts in respect of assets located in foreign jurisdictions that do not recognise trusts. The ruling also highlights...more

Penalty Clauses in Project Finance Transactions

A number of recent English court decisions have recast the test for determining when a contractual provision may be unenforceable under English law as a “penalty clause”. The rule against penalty clauses is particularly...more

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