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

Joanna Gray (University of Newcastle upon Tyne, Newcastle upon Tyne, UK)

Journal of Financial Regulation and Compliance

ISSN: 1358-1988

Article publication date: 22 February 2011

311

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.

Keywords

Citation

Gray, J. (2011), "Court of Appeal rules on trust status and client money protection in relation to Lehman Bros funds", Journal of Financial Regulation and Compliance, Vol. 19 No. 1, pp. 85-93. https://doi.org/10.1108/13581981111106194

Publisher

:

Emerald Group Publishing Limited

Copyright © 2011, Emerald Group Publishing Limited

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