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  • Henry Mander The principle established in 1974 in the case of Hastings-Bass [1975] Ch 25 (CA) has in the past allowed a court to set aside an action taken by trustees who have failed to take some important factor (such as tax considerations) into account when deciding to take the action. Effectively, it has allowed trustees to undo something they have done where the effect is different from that which they intended. In March, the English Court of Appeal handed down its much anticipated decision in Pitt v Holt; Futter v Futter [2011] EWCA Civ 197, both of which concerned the Hastings-Bass principle, and this has resulted in a re-examination of the principle and its application.
  • Steven Maijoor, Esma’s new chairman, explains his position on investor responsibility, the regulator’s resources and its relationship with the EC
  • The widening of the UK's Financial Conduct Authority's (FCA) focus to include wholesale market behaviour indicates a more aggressive role than previously expected, according to lawyers.
  • Deutsche Bank’s Colin Grassie at the ICMA meeting in Paris Deutsche Bank London head Colin Grassie has attacked the US's derivatives rules under Dodd-Frank, claiming they point to a fundamental misunderstanding of the market.
  • Will banks be shackled by the new regulatory burdens? The FSA's latest drive to subject UK banks to more scrutiny has received a mixed response from lawyers.
  • Australia's leveraged finance market should adopt a standard intercreditor negotiation agreement, similar to Europe's Loan Market Association (LMA) agreement.
  • Hong Kong Institute of Certified Public Accountants (HKICPA) this month released for private consultation the latest draft amendment to its standard form of comfort letter (HKSIR 400), together with the big four accounting firms.
  • A new agreement provides hope for companies in trouble in Portugal, but everything rides on its implementation
  • Revised legislation may spell the end for schemes of arrangement as the legal mechanism of choice for takeovers of listed Cayman Islands companies
  • Recent changes to South Africa’s corporate regime provide new opportunities for foreign companies