Richard Handyside QC and Edward Levey represented Nomura in a US$22m claim brought against it by WestLB arising out of the valuation by Nomura as Calculation Agent of shares in a Mauritian investment fund following the collapse of Lehman Brothers.  The claim was dismissed by Teare J at first instance and the Court of Appeal (Rix, Etherton, Patten LLJ) handed down its judgment on the 24th April 2012 dismissing WestLB’s appeal.

A copy of the Court of Appeal’s is available here: http://www.bailii.org/ew/cases/EWCA/Civ/2012/495.html

A copy of the judgment at first instance is available here: http://www.bailii.org/ew/cases/EWHC/Comm/2010/2863.html