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Ireland
On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.
United Kingdom | Publication | August 2023
When calculating the future pension losses for a successful claim for unfair dismissal, the Employment Tribunal ruled in Jhuti v Royal Mail Group that it was appropriate to use the Ogden tables 3-18 (multiplier for loss of earnings).
These are the tables used to help actuaries, lawyers and others calculate the lump sum compensation due in personal injury and fatal accident cases but are also used to calculate the cost of lost pension rights.
The case involved a DC scheme, and the Tribunal held that if it simply added up the value of all future contributions, without applying the discounts catered for by the multipliers in the Ogden tables (which considered the factors relevant for calculating future loss of earnings such as mortality and accelerated receipt), overcompensation could result.
Although for DC pension schemes it is not necessary for either party to produce any actuarial or other expert evidence to support the submissions which are made, where a party seeks to persuade the Tribunal that it should depart from the standard approach envisaged by the Employment Tribunals: Principles for Compensating Pension Loss guidance, it is likely that that party will require some such evidence to persuade the Tribunal to do so.
Publication
On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.
Publication
The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by “foreign” – meaning non-EU – subsidies benefitting companies active in the EU.
Publication
The conventional wisdom is that ‘securitisation caused the great financial crisis’ (GFC). A further piece of conventional wisdom is that this was due to the misalignment of incentives between securitisation originators and securitisation investors . This conventional wisdom in turn drove much of the regulation of securitisation we now have.
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