The Creditor-Regarding Duty after Sequana: Are its Mechanics Fit for Purpose?

Introduction BTI 2014 LLC v Sequana SA1  provides the first principled justification of the creditor-regarding duty of company directors in the vicinity of insolvency.2 Said duty, deriving from common law,3 was articulated for the first time in the 1987 West Mercia Safetywater4 ruling by the UK Court of Appeal, which was itself influenced by the earlier ruling in Kinsela5 by the […]

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