beale & co – 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.

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’’).