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To Scheme or not to Scheme: the Key Issues Considered to Sanction the LBIE Scheme of Arrangement

Case: Lehman Brothers International (Europe) (in administration) [2018] EWHC 1980 (Ch), Hildyard J (27 July 2018) - The High Court sanctioned a complex scheme of arrangement (“Scheme") under the Companies Act 2006 (“CA...more

10/22/2019  /  EU , Insolvency , Lehman Brothers , Restructuring

Court of Appeal Judgment: Waterfall IIA Case

The Court of Appeal judgment in the so-called “Waterfall IIA” case signals the English Courts’ reluctance to impute established equitable principles in aid of construing English insolvency legislation. The Court of Appeal’s...more

10/24/2017  /  Appeals , Insolvency , Lehman Brothers , UK

Lehman Brothers International (Europe) (In Administration) – Two Recent Judgments

Last week, the High Court ruled on the meaning of “Default Rate” in the 1992 and 2002 ISDA Master Agreements (together, the “ISDA Master Agreements”). Whilst the decision addresses a multitude of issues, perhaps the most...more

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