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Court of Appeal rules on trust status and client money protection in relation to Lehman Bros funds

Court of Appeal rules on trust status and client money protection in relation to Lehman Bros funds Purpose – The purpose of this paper is to discuss the Court of Appeal's consideration regarding Lehman Bros International (Europe) (in Administration) (Court of Appeal: Civil Division: Lord Neuberger, Lady Justice Arden and Sir Mark Waller). Date of Judgment: 2 August 2010. Design/methodology/approach – The paper outlines the facts surrounding the case and comments on the decision. Findings – The court ruled on trust status and client money protection in relation to Lehman Bros funds. Originality/value – This judgment provides a rare example of the courts' application of the Client Assets Sourcebook rules and guidance in general private law disputes about property ownership and entitlement that invariably arise within the context of insolvency. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Financial Regulation and Compliance Emerald Publishing

Court of Appeal rules on trust status and client money protection in relation to Lehman Bros funds

Joanna Gray
Journal of Financial Regulation and Compliance , Volume 19 (1): 9 – Feb 22, 2011
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Publisher
Emerald Publishing
Copyright
Copyright © 2011 Emerald Group Publishing Limited. All rights reserved.
ISSN
1358-1988
DOI
10.1108/13581981111106194
Publisher site
See Article on Publisher Site

Abstract

Purpose – The purpose of this paper is to discuss the Court of Appeal's consideration regarding Lehman Bros International (Europe) (in Administration) (Court of Appeal: Civil Division: Lord Neuberger, Lady Justice Arden and Sir Mark Waller). Date of Judgment: 2 August 2010. Design/methodology/approach – The paper outlines the facts surrounding the case and comments on the decision. Findings – The court ruled on trust status and client money protection in relation to Lehman Bros funds. Originality/value – This judgment provides a rare example of the courts' application of the Client Assets Sourcebook rules and guidance in general private law disputes about property ownership and entitlement that invariably arise within the context of insolvency.

Journal

Journal of Financial Regulation and Compliance – Emerald Publishing

Published: Feb 22, 2011

Keywords: Legal decisions; Courts of appeal

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