header-logo header-logo

08 March 2012
Issue: 7504 / Categories: Case law , Law reports , In Court
printer mail-detail

Company—Administration—Client funds

Re Lehman Brothers International (Europe) (in administration) [2012] UKSC 6, [2012] All ER (D) 193 (Feb)

Supreme Court, Lord Hope DP, Lord Walker, Lord Clarke, Lord Dyson, Lord Collins SCJJ, 29 Feb 2012

Client money is held on the statutory trust imposed by Chapter 7 of the Client Assets Sourcebook (CASS 7), issued by the Financial Services Authority (FSA), 7.7, from the time of receipt by a firm.

Lehman Brothers International (Europe) (LBIE) was incorporated in England as an unlimited company. It was the principal European trading company in the Lehman Brothers group and was authorised and regulated by the FSA. LBIE was not a licensed deposit-taker but it was authorised to hold clients’ money. LBIE was put into administration by an order of Henderson J made in September 2008. The administrators made several applications to the Companies Court for directions under para 63 of Sch B1 to the Insolvency Act 1986. One of those was a client money application. Nine representative claimants were joined as parties to argue the issues.

In December 2009, Briggs

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll