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Proposed Changes to the Luxembourg Securitization Regime: Increased Flexibility and New Opportunities
A proposed bill of law seeks to modernize Luxembourg's securitization framework by expanding financing options beyond traditional instruments, introducing cross-compartment investment mechanisms, and extending active portfolio management capabilities to include equity positions. The reforms aim to enhance legal certainty around asset ring-fencing in insolvency scenarios while aligning the regime with contemporary market practices, particularly for Islamic finance structures and multi-compartment vehicles.
Luxembourg Finance
D
Dechert
Article
Departing From Fixed Recoverable Costs – When Will The Court Disapply The Regime?
When third party debt order applications become heavily contested and substantially more complex than anticipated, courts may exercise discretion to disapply fixed costs regimes in favour of assessed costs. A recent High Court decision demonstrates how routine enforcement proceedings can justify significantly higher cost awards when the level of contest and preparation exceeds what the fixed costs regime was designed to cover.
United Kingdom Litigation
Bond Turner
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