Re Lehman Brothers International (Europe) ((in Administration)) (No 4)
| Jurisdiction | England & Wales |
| Judge | Lord Neuberger,Lord Kerr,Lord Reed,Lord Sumption,Lord Clarke |
| Judgment Date | 17 May 2017 |
| Neutral Citation | [2017] UKSC 38 |
| Date | 17 May 2017 |
| Court | Supreme Court |
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38 cases
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The Companies Act (2022 Revision) and Direct Lending Income Feeder Fund, Ltd (in Official Liquidation)
...149 The proper approach was set out by Lord Neuberger in Re Lehman Brothers International (Europe) (In Administration) his judgment in [2018] AC 465 at [13] as follows: “Further, despite its lengthy and detailed provisions, the 1986 legislation does not constitute a complete insolvency code......
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The Companies Act (2022 Revision) and Direct Lending Income Feeder Fund, Ltd (in Official Liquidation)
...149 The proper approach was set out by Lord Neuberger in Re Lehman Brothers International (Europe) (In Administration) his judgment in [2018] AC 465 at [13] as follows: “Further, despite its lengthy and detailed provisions, the 1986 legislation does not constitute a complete insolvency code......
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Zinc Hotels (Investment) Ltd v Alastair Beveridge
...is made by the court.” 59 In this regard, it is relevant to refer to the judgment of Lord Neuberger in Re Lehman Bros International (Europe) (in administration) (No 4) [2017] UKSC 38, [2017] 2 WLR 1497. Lord Neuberger said at paragraph 13: “Further, despite its lengthy and detailed provisi......
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Thomas Banks Hamilton v Secretary of State for Business, Energy and Industrial Strategy
...notes at 15.1, citing The Joint Administrators of Lehman Brothers Ltd v Lehman Brothers International (Europe) (In Administration) [2017] UKSC 38, if the court is unable to remedy the error by interpretation, then any remedy has to be left to the legislature. Notwithstanding these counter-......
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5 firm's commentaries
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Supreme Court Judgment In The Long-Running Lehman Waterfall Litigation
...of Lehman Brothers Limited (Appellant) v. Lehman Brothers International (Europe) (In Administration) and others (Respondents) [2017] UKSC 38 Dentons acted for LBHI2, the majority shareholder of LBIE, in this Dentons is the world's first polycentric global law firm. A top 20 firm on the Acri......
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The latest in the Lehman Waterfall litigation
...I (see the joint administrators of LB Holdings Intermediate 2 Ltd v the joint administrators of Lehman Brothers International (Europe) [2017] UKSC 38). The remaining issues concerned the calculation of, and the entitlement of creditors to, statutory interest, in accordance with Rule 2.88 un......
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To Scheme Or Not To Scheme: The Key Issues Considered To Sanction The LBIE Scheme Of Arrangement
...Trainee Solicitor, contributed to the drafting of this alert. Footnotes 1 Re Lehman Brothers International (Europe) ('Waterfall I') [2017] UKSC 38. 2 [2014] EWCH 3849 3 Rules 14.6 and 14.8 of the Insolvency (England and Wales) Rules 2016. Because of the generality of this update, the inform......
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Court of Appeal Judgment: Waterfall IIA Case
...Administrators of LB Holdings Intermediate 2 Limited v The Joint Administrators of Lehman Brothers International (Europe) and others [2017] UKSC 38. Waterfall I had the effect of resolving the issuers that were, until then, still outstanding in Waterfall [4] The Senior Creditor Group (“SCG”......
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2 books & journal articles
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Bankruptcy and insolvency
...[2009] EWHC 2994 (Ch) at [8], per Norris J; LB Holdings Intermediate 2 Ltd (in admin) v Lehman Brothers International (Europe) (in admin) [2017] UKSC 38 at [3], per Lord Neuberger PSC. 52 In re Harris Simons Construction Ltd [1989] 1 WLR 368 at 369, per Hofmann J. 53 Insolvency Act 1986 (UK......
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Securities and Financial Services Regulation
...See also Webb Distributors (Aust) Pty Ltd (1993) 179 CLR 15. 84 See also Joint Administrators of LB Holdings Intermediate 2 Ltd v Lomas [2017] UKSC 38 and David Milman, The Company Share (Edward Elgar, 2018) at para 142–3. 85 Henry Hansmann & Reinier Kraakman, “Agency Problems and Legal Str......