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08 March 2012
Issue: 7504 / Categories: Case law , Law reports , In Court
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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 J made an order giving directions on a range

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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