Lexis®PSL Restructuring and insolvency monthly highlights—September 2016

Lexis®PSL Restructuring and insolvency monthly highlights—September 2016

September 2016 highlights from the Lexis®PSL Restructuring and Insolvency team. This month’s highlights include a look at the latest in the Lehmans’ waterfall saga, guidance from Snowden J on shareholder class issues in Re SABMiller plc, consultations on bonding arrangements and SIP 15 plus a round up of other interesting cases and developments.

In this issue:

  • Feature article: The saga continues—post-administration interest and how to handle it (Re Lehman Brother International (Europe) v Burlington Loan Management)
  • Feature article: Tackling class issues in schemes of arrangement (Re SABMiller plc)
  • Feature article: Evaluating the effect of restraint orders on bankruptcy (Re Whyte, Brittain and another v Whyte and another)
  • Headlines (News updates & analysis)
  • Cases
  • Dates for your diary

The saga continues—post-administration interest and how to handle it

Re Lehman Brothers International (Europe) (In Administration); Lomas and others v Burlington Loan Management Ltd and others [2016] EWHC 2131 (Ch), [2016] All ER (D) 81 (Aug)

Katherine Hallett, barrister at Three Stone, considers the latest decision in the Lehman Brothers litigation in which the Commercial Court considered how administrators should handle post-administration interest in particular circumstances—see News Analysis: The saga continues—post-administration interest and how to handle it.

Tackling class issues in schemes of arrangement

Re SABMiller plc [2016] EWHC 2153 (Ch), [2016] All ER (D) 47 (Sep)

Scott Morrison, Of Counsel at Orrick, explores Re SABMiller plc and examines the impact of a scheme of arrangement in a merger transaction on shareholder class composition—see News Analysis: Tackling class issues in schemes of arrangement.

Evaluating the effect of restraint orders on bankruptcy

Re Whyte, Brittain and another v Whyte and another [2016] Lexis Citation 545, [2016] All ER (D) 03 (Sep)

In light of the ruling in Re Whyte, Brittain and another v Whyte, Marcia Shekerdemian QC, barrister at Wilberforce Chambers, who acted for the applicants, discusses the main legal issues and arguments before the court, and what trustees in bankruptcy would be prudent to take away from this decision—see News Analysis: Evaluating the effect of restraint orders on

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About the author:
Kathy specialises in restructuring and cross-border insolvency. She qualified as a solicitor in 1995 and has since worked for Weil Gotshal & Manges and Freshfields. Kathy has worked on some of the largest restructuring cases in the last decade, including Worldcom, Parmalat, Enron and Eurotunnel.