header-logo header-logo

02 September 2010 / Simon Duncan
Issue: 7431 / Categories: Features , Procedure & practice
printer mail-detail

Your place in the queue

Simon Duncan reports on contractual agreements in the Supreme Court

Re Sigma Finance Corporation (in administrative receivership) and in Re The Insolvency Act 1986 (Conjoined Appeals) [2009] UKSC 2 was the first of a series of cases to spring from the recent banking crisis to reach the Supreme Court. Sigma was a structured investment vehicle. Its business involved acquiring asset-backed securities using funds raised from medium term notes, repurchase contracts and capital notes inter alia.

All of Sigma’s assets were secured in favour of its secured creditors by way of a security trust deed made between Sigma and Deutsche Trustee Company Limited as security trustee. The deed was governed by English law. When the banking crisis adversely affected the value of Sigma’s assets it was unable to meet its liabilities to its funders and Sigma entered into an insolvent liquidation. The trustee appointed receivers in accordance with the terms of the trust deed. The receivers were obliged to establish a short term pool to cover liabilities falling due within one year amongst others. It is in the context of this arrangement

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

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
back-to-top-scroll