The failure by Credit Suisse to claw back any money from SoftBank over a restructuring agreement involving Greensill Capital is a rare example of a creditor succeeding in proving its legal case — only for the court to hold back any remedy.
Credit Suisse sued SoftBank for USD 440 million after finding itself exposed following the collapse of financier Lex Greensill’s firm in 2021. Judge Robert Miles found at the High Court that the main elements of the Swiss bank’s claim under Section 423 of the Insolvency Act had been made out, but he nevertheless dismissed its claim.
“This is a rare case in which all of the boxes for section 423 have been ticked, but no relief has been ordered,” Simon Fawell, a partner at Signature Litigation LLP, said. “That’s absolutely unusual — in most cases, where you can make out all the requirements for a section 423 case, you’d expect there to be a remedy.”
“The judge came down very hard, factually, on the fact that the various SoftBank defendants weren’t aware of the improper purpose … they thought that the money that had been given to Greensill was being used to pay off the notes in question,” Fawell said.
“Putting everyone back in exactly the same position they would have been, were it not for the transactions, would be rather pointless. You still get left with a company that’s not going to pay — and security that isn’t worth anything.”
The judgment is one of the first major rulings arising from the collapse of Greensill. The fallout contributed to the demise of Credit Suisse and its rescue by rival UBS.