Landmark judgment on directors' duties when a company faces insolvency

Our financial insolvency and restructuring team have written an article on the recent Supreme Court judgment in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25, which looked at whether there is a common law duty on directors to act in the interests of creditors when a company faces insolvency, but is not yet in an insolvency process. As the Court unanimously ruled that the duty does exist, the article discusses what impact this will have on directors, in particular, when that duty arises and what it requires.

The article is featured on our Zone of Insolvency blog and can be accessed here.