Update - Waterfall II Application Part A – Notices of Objection to Appeal to the Supreme Court of the United Kingdom – 8 December 2017

Following the handing down of the Waterfall II Court of Appeal judgment dated 24 October 2017, an Order was subsequently sealed by the Court of Appeal on 6 November 2017.  The order refused all applications permission to appeal to the Supreme Court, such that the parties must apply directly to the Supreme Court should they wish to appeal the issues. 

On 27 November 2017, the Joint Administrators notified creditors that York, Wentworth and the Senior Creditor Group had filed Notices of Appeal seeking the Supreme Court’s permission to appeal certain issues. A link to that update can be found here.

Subsequently, York and Wentworth have filed the following Notices of Objection at the Supreme Court:

• York’s Notice of Objection, requesting that the Court refuse Wentworth’s application for permission to appeal; and
• Wentworth’s Notice of Objection, requesting that the Court refuse the Senior Creditor Group's and York’s applications for permission to appeal.

The Senior Creditor Group has not filed a Notice of Objection.

Should you have any queries regarding this update, please contact LBIE’s Communications and Counterparty Management team at generalqueries@lbia-eu.com.