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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