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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

26 MAY 2011

Lomas and others (together the joint Administrators of Lehman Brothers International (Europe) (in administration)) v JFB Firth Rixson Inc and others [2010] EWHC 3372 (Ch); [2011] BPIR 795

In construing the ISDA Master Agreement, Briggs J proceeded on the basis that it should, as far as possible, be interpreted in a way that served the objectives of clarity, certainty and predictability. If it did not provide for what was to happen if a particular event occurred, the answer was that nothing was to happen.


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