Monday, 13 June 2016

UK: Supreme Court judgment this week in capital notes interpretation case

The Supreme Court will give judgment on Thursday this week in BNY Mellon Corporate Trustee Services Limited v LBG Capital No. 1 Plc. At issue, to quote from the Supreme Court summary, was whether the Court of Appeal ([2015] EWCA Civ 1257) "erred in law in its construction of the terms of enhanced capital notes by relying on technical and specialist information as part of the factual matrix". The hearing took place in March this year, over two sessions, and can be watched here and here.

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