Introduction

Introduction

In BTI 2014 LLC v Sequana SA [2016] EWHC 1686 the High Court was recently asked to consider whether:

• payment of dividends contravened Part 23 of the Companies Act 2006;
• the decision to pay the dividends was a breach by the directors of their fiduciary duties towards the company; and
• the dividends were transactions defrauding creditors under Section 423 of the Insolvency Act 1986.

Facts