Trading in the Twilight Zone - When does the Creditor Duty arise for Company Directors? A round-up of the recent cases applying the Supreme Court decision in Sequana.

Introduction:

On 5 October 2022, the Supreme Court delivered a landmark judgement in BTI 2014 LLC v Sequana SA [2022]. The decision is the first from the Supreme Court to address when, and in what circumstances, company directors owe a duty to consider the interests of the company’s creditors (‘’the creditor duty’’).

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Beale & Co, Liquidation, Insolvency, HSBC, Insolvency Service (UK), Supreme Court of the United States
Authors:
Ross Baker , Deen Taj , Andrew Layton-Morris
Location:
United Kingdom
Firm:
Beale & Co