Intercreditor agreements—key cases

Copyright © 2025 LexisNexis

Published by a LexisNexis Banking & Finance expert

Practice notes

Intercreditor agreements—key cases

Copyright © 2025 LexisNexis

Published by a LexisNexis Banking & Finance expert

Practice notes

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This Practice Note sets out key cases and associated relevant content in relation to contractual subordination and intercreditor arrangements.

For further information on intercreditor issues, see Practice Notes:

•
Subordination
•
Introductory guide to Intercreditor Agreements, and
•
How to draft and negotiate intercreditor arrangements in loan transactions

A full list of our intercreditor materials can be found in:

•
Intercreditor arrangements—overview
•
Intercreditor issues in finance transactions—overview
•
Intercreditor issues on debt restructurings—overview, and
•
Acquisition finance: intercreditor issues—overview

For information on:

•
rules of priority under general law, see Priority between security interests
•
acceleration of debt and enforcement of security, see Enforcing security—overview and Acceleration of debt and enforcement of security—key cases
•
issues relating to guarantees and set-off, see Guarantees—overview Set-off and netting in finance transactions—overview respectively
•
construction and interpretation, see Practice Note: Construction of finance documents—key cases and Contractual interpretation for Banking & Finance lawyers—overview

Contractual subordination

Names of parties	Judgment date	Case summary	Relevant content
The Joint Administrators of Lehman Brothers Holdings PLC (In Administration) v LB

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United Kingdom

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