• Introduction
• Background
• Decision

• Introduction
• Background

• Introduction
• Background

• Introduction
• Background

Introduction

Today, the UK Supreme Court considered for the first time the existence, content and engagement of the so-called “creditor duty”: the alleged duty of a company’s directors to consider, or to act in accordance with, the interests of the company’s creditors when the company becomes insolvent, or when it approaches, or is at real risk of, insolvency.

The High Court in London gave judgment on Friday, 3 July 2020 on the relative ranking of over $10 billion of subordinated liabilities in the administrations of two entities in the Lehman Brothers group.

• Introduction
• Recent case
• Court's obiter comments
• Comment

Introduction

• Introduction
• Background

• Introduction
• Application for permission to appeal

• Introduction
• Background