The Freshfields Podcast

No Worse Off #24: Minority protection in English LME

In this episode, Lindsay Hingston and Alex Thomson dive into one of the most fiercely debated questions in European liability management: how far does the minority protection principle go? By reference to the expert opinion of Lord Neuberger and Dame Gloster — submitted as evidence in the ongoing Selecta litigation in New York — the team unpacks a fundamental disagreement between two of England's most eminent legal minds about the nature and reach of this principle under English law. With live cases keeping the issue firmly in play, this episode sets out what may become the bookends of the debate when it next reaches the English courts.

Stay tuned for more insights into the world of restructuring and thank you for listening to "No Worse Off."