English law legal opinion鈥攁ssumptions checklist


Produced in partnership with Charles Kerrigan of CMS
Checklists

English law legal opinion鈥攁ssumptions checklist


Produced in partnership with Charles Kerrigan of CMS

Checklists
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This Checklist relates to English law legal opinions which are typically issued by a lender's lawyers as a condition precedent to the utilisation of a loan facility. It assumes that the loan is bilateral with a bank lender incorporated in the UK and that the addressee of the legal opinion is the Lender which is the client of the law firm issuing the legal opinion. It also assumes that the borrower is a company incorporated in England and Wales, the transaction documentation which is being opined upon is governed by English law and the underlying loan is unsecured. However, for assumptions which are typically included where the loan is secured or where the transaction has a cross-border aspect, see Additional assumptions to be considered where the loan is secured and Additional assumptions to be considered where the transaction has a cross-border aspect below.

It forms part of a set of checklists relating to legal opinions. The other Checklists are:

  1. 鈥

    English law legal opinion鈥 qualifications checklist, and

  2. 鈥

    Checklist for reviewing a foreign law legal opinion

The

Charles Kerrigan
Charles Kerrigan

Partner, CMS

The Blockchain Industry Landscape Overview in 2018 named Charles as one of the UK鈥檚 leading influencers on blockchain. He is the UK鈥檚 鈥渞ecommended lawyer鈥 for blockchain and digital technology in the UK Parliament Hub.

He is a lawyer specialising in finance and technology. He works on corporate finance and venture capital fundraising transactions for companies, funds, platforms and financial institutions. He works on consulting projects on blockchain, digital assets, AI and automation/transformation for public bodies, policy makers, standards institutions and corporations.

Charles sits on the Bank of England鈥檚 Financial Markets Law Committee on Virtual Currencies; he is a board member of the Innovators Board at the Big Innovation Centre, named Think Tank of the Year 2019.

He sits on the advisory boards of the UK All Party Parliamentary Group on Artificial Intelligence (APPG AI) and the UK All Party Parliamentary Group on Blockchain (APPG Blockchain).

In November 2019 Charles was a Special Consultee to the UK LawTech Delivery Panel鈥檚 Legal Statement on Cryptoassets and Smart Contracts.  In summer 2020 he was an expert consultant to the UNCITRAL group on legal issues related to the digital economy.

He was a panellist and moderator at the LMA Fintech and Annual Conferences and the ISDA Technology Conference in 2019. He presented at the City University seminar: Blockchain and Cryptocurrencies, Economics, Finance and Law; and at the Future of Finance: Tokenised Assets, London.

He is Chair of the Technology Working Group of the Association of Real Estate Funds.

In the last 12 months Charles worked on some of the largest TMT M&A transactions in Europe; over 30 funding transactions involving IP and intangible assets as the primary collateral; multiple online platform financings; over 25 blockchain and tokenisation projects.

He lectures on these topics, including at LSE, UCL and City University.

Books:
  • Practical Lending and Security Precedents - General Editor (Sweet and Maxwell, 2020)
  • Growing with Blockchain (Co-author, Novaro Publishing, 2020)
  • The Financing of Intangible Assets, TMT Finance and Emerging Technologies (Butterworths, 2019)
  • Responsible AI (Co-author, ILTA, 2019)
  • Cash Pooling and Insolvency: A Practical Global Handbook (Globe 2012)

Press and Journals:
The Times; The Guardian; City AM; Journal of International Banking and Financial Law; Bloomberg UK Financial Services Law Journal; E-Finance and Payments Law and Policy; Financier Worldwide; International Accountant.

Recent Feature Articles:
  • Artificial Intelligence and Equity; Artificial Intelligence and Uncertainty; Artificial Intelligence and Fallibility, a series (JIBFL 2018/19)
  • Laws and Legal principles relating to Blockchain and Distributed Ledger Technologies: A Taxonomy (JIBFL 2019)
  • Tokenisation and Digital Assets: Blockchain in Capital Raising (JIBFL 2020)

Read moreRead more
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Jurisdiction(s):
United Kingdom
Related legal acts:

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