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The Mareva Injunction – A “nuclear weapon” for defensive use
An inescapable part of the litigation process is that by bringing a claim, a claimant necessarily gives a defendant warning of what its case will be. An inherent risk is that a defendant may use the period between becoming aware of the claim and its..
Online Published Date:
08 October 2019
Appeared in issue:
22.06 - 08 October 2019
The limitations of the UK’s AML framework
Money laundering is considered to be at the heart of organised crime1 and when used on a larger scale it can be described as a cancer that undermines the financial integrity of jurisdictions by allowing criminals to enjoy the benefits of their..
Online Published Date:
08 October 2019
Appeared in issue:
22.06 - 08 October 2019
Before the ship sets sail: A cursory look at the prospects of the proposed African Central Bank
This article contributes to the developing discourse on the proposed African Central Bank (ACB). It is anticipated that the bank will resume operations in 2020. The establishment of the bank falls under the supervision of the African Financial..
Online Published Date:
08 October 2019
Appeared in issue:
22.06 - 08 October 2019
The implications of hard and soft Brexit agreements on the provision of financial services
Expanding on the article which dealt with the assessment of third-country equivalence and its suitability in the context of Brexit (Financial Regulation International, March 2019), the objective of this second article is to present a comparative..
Online Published Date:
08 October 2019
Appeared in issue:
22.06 - 08 October 2019
The evolving interpretation of the European Central Bank’s mandate after the crisis
In the aftermath of the global financial crisis of 2008, the president of the European Central Bank (ECB), Mario Draghi, stated: “Within our mandate, the ECB is ready to do whatever it takes to preserve the euro, and believe me it will be enough.”..
Online Published Date:
31 October 2019
Appeared in issue:
22.08 - 31 October 2019
The third arm of US sanctions?
The fear of US sanctions and its extraterritorial reach has long been appreciated by non-US lenders and borrowers. A recent case in the High Court has taken their impact to new levels.
The court has held that a UK borrower was entitled to withhold..
Online Published Date:
31 October 2019
Appeared in issue:
22.08 - 31 October 2019
FinTech shifts to “re-bundling” of services
The second “wave” of FinTech comes in very opportunistic times with regulators’ tough stance with banks.
The desire from financial technology (FinTech) companies to disrupt the financial services industry, and thus displace..
Online Published Date:
31 October 2019
Appeared in issue:
22.08 - 31 October 2019
Do cryptocurrencies enable modern slavery?
According to research by the UN International Labour Organization (ILO) and human rights group Walk Free Foundation,1 modern slavery is an industry estimated to control 40 million people in forced labour and forced marriages, with seven in 10..
Online Published Date:
31 October 2019
Appeared in issue:
22.08 - 31 October 2019