‘A curious atmosphere of consensus’ – the dangers of groupthink

HSF fraud veteran Robert Hunter on how smart teams can make bad decisions Many admire John Kennedy and his advisers’ deft handling of the Cuban missile crisis. It is generally thought to result from some of the best-judged decisions of the era. Yet a year earlier, much the same group of people decided to support …

Guest post: Why ‘Big Ideas’ are often wrong and the fallacies of legal myths

Why do ‘big ideas’ or ‘monolithic ideas’ become so accepted when under analysis and the test of time they so often prove to be wrong? It has always seemed especially strange for monolithic thinking to have caught on in the legal sector, an industry whose lifeblood is enthused with the need for careful checking of …

Guest post: Why the right is losing the argument on tax – and why it matters to all of us

Two weeks ago, Labour pledged to tax as income the performance fees (known as the ‘carried interest’) paid to certain investment managers. This rather than the much lower capital gains tax rate enjoyed hitherto. The pledge followed Labour’s promise, earlier in the week, to remove the centuries old non-dom tax break and, last month, to …

Guest post: The Conservative Party manifesto and human rights

The Conservative Party manifesto states that the terms of British EU membership will be renegotiated and an in/out referendum held. The Human Rights Act will be ‘scrapped’ and replaced by a British Bill of Rights. As for legal aid, the document merely informs us that they would continue to review our legal aid systems, so …

Guest post: Ed can enter No. 10 without Nicola’s keys

This election looks a close-run thing – very close run indeed. As I write, polls and forecasts suggest strongly that no party’s going to get near a majority. There’s a lot of talk about what could happen after May 7th. And an idea’s beginning to take hold that, in a hung Parliament, Ed Miliband would …

Simpson Thacher’s Glover: Tied up and tied down – a peculiar way to police the private funds market

The financial crisis ushered a wave of new regulations aimed at mitigating systemic risk to the financial system. While no-one has been able to rationally point a finger at private funds as a cause of the crisis, the industry has nonetheless seen a dramatic rise in the level of regulation and scrutiny. As legal and …

Europe’s credit markets – the future is not where it used to be

Ashurst’s Mark Vickers and Helen Burton assess a seismic shift in Europe’s leveraged debt markets For many participants in Europe’s leveraged market, 2014 on first impressions heralded something approaching a new normal. According to data from 3i, Debt Management, leverage debt issuance in 2014 reached a total of €150bn; leveraged loan issuance was €78.4bn, the …