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Peter Burgess

Commercial barrister
Peter Burgess is a commercial barrister practising from South Square, specialising in banking and finance disputes, offshore litigation, corporate restructuring and insolvency, company law, and commercial litigation and arbitration. Peter is a former solicitor-advocate who worked as judicial assistant to Lord Sales, Lord Lloyd-Jones and Lord Hamblen at the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council. Email: PeterBurgess@SouthSquare.com

Articles by author

The Lehman litigation: the waterfall keeps falling

In Lehman Brothers Holdings Scottish LP 3 v Lehman Brothers Holdings Plc (In Administration) [2021] EWCA Civ 1523, the Court of Appeal determined the priority of competing subordinated claims over the £800m to £1bn available in the distributing administration of LB Holdings Intermediate 2 Ltd and considered the common law position regarding part payment of a debt by a surety, as well as the rule against double proof.

1 JAN 2022

US distressed debt techniques and minority protection in English law

The “drop-down” and “up-tier” restructuring techniques have become more frequently used by businesses with New York governed credit documentation facing financial difficulties. These techniques have been contentious; many transactions have resulted in litigation in US courts by the minority lenders. This article considers, if such techniques were used in relation to English governed credit structures, how English law principles of minority protection could come into play.

1 NOV 2022