MR JUSTICE HILDYARD: Well, thank you for making it 2 available . I don’t either approve or disprove it , 3 I simply note this is the basis on which you have 4 proceeded. My questions really relate to 👉finality .👈 5 MR BELTRAMI: Yes. 6 MR JUSTICE HILDYARD: And in that context, I noticed two 7 things which you may assist me on. The first is that DB 8 is described as an informal representative of other 9 persons interested in the same way, and I take it that 10 there is no issue in that regard, and I can take it that 11 the issue which will have been argued by DB one way or 12 the other will be, in effect , concluded. There might 13 not be a strict issue estoppel but it is very late , you 14 haven’t advertised the fact of this congregation, it 15 should be sufficient . Is there anything I need to be 16 wary of in that respect? 17 MR BELTRAMI: I don’t believe there is. Your Lordship is 18 right that DB’s position has always been not a formal 19 representative of the ECAPS holders. 20 MR JUSTICE HILDYARD: Yes. 21 MR BELTRAMI: And it has been argued on that basis 22 throughout. 23 MR JUSTICE HILDYARD: Yes. 24 MR BELTRAMI: My understanding is ther
Re Lehman Brothers Holdings PLC (In Administration) Day 2 October 10, 2023 Opus 2 - Official Court Reporters Phone: 0203 008 6619 Email: transcripts@opus2.com Website: https://www.opus2.com