August 23-24 2011
START DATE
END DATE
September 20 2011
IN THE MATTER OF LEHMAN RE LTD AND IN THE MATTER OF THE COMPANIES ACT 1981 AND IN THE MATTER OF THE INSURANCE ACT 1978
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION COMMERCIAL COURT
KAWALEY J
John Riihiluoma John Wasty
Kim White Sarah-Jane Hurrion Delroy Duncan Henry Tucker
FACTS OF THE CASE:
Summary: Pulsar Re a creditor of Lehman Re sought to use documents obtained in Bermuda proceedings in a New York case against Lehman Brothers Holdings Inc. and Lehman Commercial Paper Inc. The court had to decide whether Pulsar Re could be released from an implied confidentiality undertaking to use these documents. The court ruled in favor of allowing Pulsar Re to use the documents emphasizing that the documents were not disclosed through traditional litigation discovery and were intended to resolve a dispute between creditors regarding the distribution of a key asset in Lehman Re's liquidation.
SUMMARY:
Pulsar Re Ltd
OUTCOMES:
RULED IN FAVOUR OF:
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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IN THE MATTER OF LEHMAN RE LTD AND IN THE MATTER OF THE COMPANIES ACT 1981 AND IN THE MATTER OF THE INSURANCE ACT 1978
Summary: Pulsar Re a creditor of Lehman Re sought to use documents obtained in Bermuda proceedings in a New York case against Lehman Brothers Holdings Inc. and Lehman Commercial Paper Inc. The court had to decide whether Pulsar Re could be released from an implied confidentiality undertaking to use these documents. The court ruled in favor of allowing Pulsar Re to use the documents emphasizing that the documents were not disclosed through traditional litigation discovery and were intended to resolve a dispute between creditors regarding the distribution of a key asset in Lehman Re's liquidation.