LBHI and the PWC Joint Administrators cannot isolate LBHI's CTs from the Framework Agreement and ECAPS' payments and from LBIE's Preference shares distributions to LBHI2 and its waterfall down to the ECAPS' payments:
On March 14, 2023, LBH PLC filed an application to the High Court of Justice in England for directions (the "Application") on certain legal issues which are relevant to the priority and payment of future distributions to holders of its subordinated debts. The outcome of this Application will have a material effect on LBHI recoveries.
Quarterly Financial Report as of June 30, 2023 (Unaudited) Page 14 Note 4 – Legal Proceedings (continued) (a) ECAPS LBHI owns a claim of GBP 1.1 billion related to the subordinated debt issued by LBH PLC, a non- controlled affiliate in administration in the UK. LBH PLC also has outstanding subordinated notes owned by three third party trusts known as ECAPS I, II, and III. A dispute over the relative priority of these subordinated debt instruments issued by LBH PLC was litigated in the UK courts. The Court of Appeal held that the subordinated notes owned by ECAPS I- III are senior to the subordinated debt owned by LBHI.