Making electronic documents legally valid – When it comes to the legal admissibility of electronic documents, it’s all a question of evidential weight. After several years of struggling to comply with a slew of regulatory and legal mandates, most companies now recognise the importance of securing the confidentiality, integrity and availability of their electronic documents […]

Protecting directors: Get the details right – It can be a risky business being a director of a UK company these days and we all know the common myth that the limited liability status protects directors personally against being sued – from action by shareholders, employees, clients, suppliers, regulators, or just about anyone else who […]

Confusion as French trust law filing date approaches – Financial advisers in France report that a state of confusion exists in fiduciary companies and… ‘French mini-FATCA’ fears as France goes after trusts – Tax experts who have been studying France’s new tax regime for wealthy individuals are likening… Financial advisers in France report that a […]

ACAS Publishes Guide On Promoting Positive Mental Health At Work – The Foreword to this useful guide points out that the 2011 Absence Management Survey produced by the CIPD reports that stress is now the most common reason for long-term sickness absence of both manual and non-manual workers. The ACAS guide aims to show employers […]

John Pottage V FSA and compliance obligations – The FSA will be ruing the day that it proposed a fine of £100,000 on John Pottage for his alleged failings when CEO of UBS in his capacity as both CF3 (Chief Executive) and CF8 (Apportionment and Oversight). Not only did the Tribunal not find Mr Pottage’s […]

Risk Control Self Assessment [RCSA] – Sound Practice Guidance – March 2010 – The aim of an operational risk framework is to identify, assess, control and mitigate operational risk and to champion effective reporting of risk and emerging risk issues. RCSA forms an integral element of the overall operational risk framework, as it provides an excellent […]

Developing Key Risk Indicators to Strengthen Enterprise Risk Management – Introduction – Boards of directors have become increasingly aware of their responsibilities related to effective oversight of management’s execution of enterprise-wide risk management processes. This is due, in part, to significant external pressures that have developed recently that are thrusting risk management and its oversight […]

In Springwell Navigation Corporation v JP Morgan Chase Bank & Others [2010] EWCA CIV 1221 the Court of Appeal confirmed that JP Morgan Chase Bank (JP Morgan) did not owe Springwell Navigation Corporation (Springwell), an experienced and sophisticated commercial counterparty, a general advisory duty as a result of entering into a relationship for the lending […]