Vol 15 (2018) - Issue 2

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Re Lehman Brothers Holdings Intermediate 2 Limited (in administration) [2017] EWHC 2032 (Ch); Re Lehman Brothers Europe Limited (in administration) [2017] EWHC 2031 (Ch)

Introduction

The High Court considered, in two related decisions handed down on the same day, (i) whether to give directions to administrators of various Lehman group companies authorising a settlement of the Waterfall III litigation in Re Lehman Brothers Holdings Intermediate 2 Limited (in administration) [2017] EWHC 2032 (Ch), and (ii) whether to approve a mechanism designed to enable one of the companies in administration to distribute to members (as distinct from creditors) without converting the administration into a liquidation in Re Lehman Brothers Europe Limited (in administration) [2017] EWHC 2031 (Ch).