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29 May 2015
Issue: 7654 / Categories: Case law , Law digest , In Court
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Company

Re Lehman Brothers International (Europe) (in administration); subnom Joint Administrators of LB Holdings Intermediate 2 Ltd (in administration) and others v Lomas and others [2015] EWCA Civ 485, [2015] All ER (D) 139 (May)

In the course of proceedings concerning the administration of companies connected to the Lehman Brothers group, the Companies Court made a number of rulings to determine the claims that might be made against a surplus of assets before any return to the creditors. The Court of Appeal, Civil Division, in allowing the appeal against two of those rulings and upholding the remainder, considered, inter alia, the ranking in the administration of unsubordinated debt, whether currency conversion claims were non-provable liabilities, whether accrued rights to statutory interest under r 2.88(7) of the Insolvency Rules 1986 (SI 1986/1925) survived the transition from administration to liquidation and whether the obligation of contributories, under s 74(1) of the Insolvency Act 1986, extended to statutory interest and non-provable liabilities.

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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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