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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’’).

United Kingdom, Insolvency & Restructuring, Litigation, Beale & Co, Liquidation, Insolvency, HSBC, Insolvency Service (UK), Supreme Court of the United States