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02 December 2016
Issue: 7725 / Categories: Case law , Law digest , In Court
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Contract

Lehman Brothers International (Europe) (an unlimited company incorporated under the law of England and Wales) (in administration) v Exxonmobil Financial Services BV [2016] EWHC 2699 (Comm), [2016] All ER (D) 138 (Nov)

The case concerned an outstanding sale and repurchase (“repo”) transaction between Lehman Brothers International (Europe) and ExxonMobil Financial Services BV at the time of the international financial collapse of the Lehman Brothers group. The Queen’s Bench Division made a number of findings as to the construction of the termination provisions in the Global Master Repurchase Agreement (2000 version) as the repo was subject to such provisions.

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Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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