United Kingdom: Finance and Banking

The UK is proposing a new regulatory framework for captive insurers that could transform how private equity sponsors manage insurance risk and capital across their portfolios. With global captive premiums projected to reach $161 billion by 2030, these reforms aim to make the UK competitive with established offshore domiciles like Bermuda and Guernsey. The consultation introduces streamlined authorisation, reduced capital requirements, and simplified governance that may particularly benefit sponsors seeking

The Upper Tribunal examined whether £3 billion paid to Barclays Bank during the 2008 financial crisis was wholly for reserve capital instruments or partly for warrants issued by its parent company. The case highlights the complexities of determining fair value allocation in structured financial transactions and the challenges taxpayers face when appealing factual findings, as the tribunal remitted the matter for reconsideration despite finding errors in the original decision.

Explore the latest regulatory developments, market trends, and legal updates shaping the finance sector. This horizon scanner provides essential insights for financial institutions navigating an evolving compliance landscape and emerging business challenges.

The Loan Market Association has completed its first comprehensive review of its sustainability-linked loan provisions, introducing significant updates that streamline drafting and reflect evolving market practice.

English law-governed intercreditor agreements increasingly feature distressed disposal provisions that enable liability management exercises with non-pro rata outcomes for equally-ranked creditors.

Late payment has long been a persistent challenge facing UK businesses. For SMEs especially, delayed payments create cash flow pressures that can restrict growth, limit investment and, in some cases, threaten long-term viability.

Much discussion around restructuring focuses on rescue processes such as administration, restructuring plans and consensual workouts. Yet across the property market, one of the most commonly used enforcement tools is the appointment of a receiver under the Law of Property Act 1925 – known as an LPA receiver.

Homeowners can begin arranging a new mortgage several months before their current deal expires, but timing is crucial to avoid costly early repayment charges. Understanding when your ERC period ends and how to coordinate the remortgage process can help you secure better rates while minimizing fees and avoiding your lender's standard variable rate.

Homeowners with a secured loan registered as a second charge against their property face specific considerations when switching mortgage lenders. The existing loan affects borrowing capacity, loan-to-value ratios and requires careful legal handling to manage charge priorities. Understanding how to repay or retain the secured loan during a remortgage helps homeowners navigate the additional legal steps and costs involved.

Private credit providers taking control of distressed borrowers face unique challenges in designing effective management incentive plans. Unlike traditional private equity structures, post-restructuring scenarios require innovative combinations of equity and cash-based incentives to align management interests with lender objectives while navigating significant debt obligations and steep return hurdles.

The UK's cryptoasset regulatory landscape is undergoing a major transformation with new FCA rules taking effect in October 2027. Firms engaging in activities like stablecoin issuance, safeguarding, and trading platforms must now navigate authorisation requirements, with an application gateway open until February 2027.

DMH Stallard’s Family Department is proud to announce a significant court victory in the recently published authority of KI v SI [2026] EWFC 73 (B), heard before District Judge Peter Hatvany in the Salisbury Financial Remedies Court.