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In today’s increasingly complex and highly regulated financial markets, providing finance and giving security within the insurance sector continues to be challenging.
In today's increasingly complex financial markets, our dedicated banking and finance practice is well placed to advise both borrowers and lenders on the issues that surround the re/insurance industry. Undertaking a measure of due diligence, and then understanding the impact of the proposed financing and strength of the security to be given or obtained, is vital to a successful lending. Clyde & Co has a unique perspective on this and is therefore able to ensure that the expectations of both lenders and borrowers are met.
Our client base extends across the financial and insurance sector including banks, building societies, finance boutiques, insurance brokers, insurers, underwriting agents, capital providers, export credit agencies and asset managers.
Our banking and finance team has already amassed considerable experience of providing advice to large and complex organisations but we also have several distinctive features which together set us apart in our legal offering. These include our specialist knowledge of Lloyd’s, the PRA and FCA and the regulatory framework that the UK insurance industry operates in and how this impacts on banking and finance transactions within the industry and our specialist experience of the structural and regulatory aspects of the Islamic insurance sector (Takaful), including in relation to issues of Shari’a compliance.
Our wide ranging expertise includes the following areas:
We place as much emphasis on practical experience as on our legal know-how. Our strengths lie in our determination to get to know our client's insurance business from the bottom up, our commitment to providing maximum efficiency at competitive prices and our truly seamless and global service.
Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme
Acting in a claim relating to alleged delay in winding up a company pension scheme and losses arising from the resulting fall in the fund value
Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991
Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993
Advising on incorrect drafting of rule consolidations
Acting for a national firm and its insurers in relation to a claim brought by trustees of a retirement benefits scheme after advisers failed to carry out correctly the equalisation of retirement ages in accordance with Barber which prevented the equalisation from being legally achieved on the date stated in the scheme documentation
Advising on failure to properly amend the scheme rules correctly to reduce future benefits
Acting on loss of chance claims
Successfully defending a trustee against a claim relating to misapplication of funds by a scheme member who had represented to the Insured that he was a company employee and therefore entitled to join a company pension scheme, when in fact he was not
Advising on claims under PTL policies for “exonerated loss” cover
Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme
Acting in a claim relating to alleged delay in winding up a company pension scheme and losses arising from the resulting fall in the fund value
Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991
Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993
Advising on incorrect drafting of rule consolidations
Acting for a national firm and its insurers in relation to a claim brought by trustees of a retirement benefits scheme after advisers failed to carry out correctly the equalisation of retirement ages in accordance with Barber which prevented the equalisation from being legally achieved on the date stated in the scheme documentation
Advising on failure to properly amend the scheme rules correctly to reduce future benefits
Acting on loss of chance claims
Successfully defending a trustee against a claim relating to misapplication of funds by a scheme member who had represented to the Insured that he was a company employee and therefore entitled to join a company pension scheme, when in fact he was not
Advising on claims under PTL policies for “exonerated loss” cover
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