Trusts Notwithstanding, Courts Remain Free to Find Scheme Jurisdiction

Butterworths Journal of International Banking and Financial Law, Vol. 25, No. 3, p. 156, 2010

15 Pages Posted: 15 Mar 2010

Date Written: March 14, 2010

Abstract

This article seeks to demonstrate that although the English Court of Appeal in Re Lehman Brothers International (Europe) considered that trusts fell outside the scheme jurisdiction under Part 26 of the UK Companies Act 2006, the English court remains free to find such scheme jurisdiction over certain trusts and may also recognize a foreign scheme compromising trusts under the UNCITRAL Model Law on Cross-Border Insolvency.

Keywords: Lehman Brothers International (Europe), client assets, trust assets, scheme of arrangement, English scheme jurisdiction, Australian scheme jurisdiction, recognition of foreign scheme, UNCITRAL Model Law on Cross-Border Insolvency

JEL Classification: K10, K11, K12, K19, K20, K22, K29, K30, K33, K39, K40, K41, K49

Suggested Citation

Ho, Look Chan, Trusts Notwithstanding, Courts Remain Free to Find Scheme Jurisdiction (March 14, 2010). Butterworths Journal of International Banking and Financial Law, Vol. 25, No. 3, p. 156, 2010, Available at SSRN: https://ssrn.com/abstract=1570630

Look Chan Ho (Contact Author)

Des Voeux Chambers ( email )

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