Commercial update - John Jessup: The interests of creditors on insolvency at common law. Have the goalposts moved?

The Court of Appeal has handed down its landmark judgment in Sequana, in the Insolvency sphere (BTI 2014 LLC v Sequana S.A. [2019] EWCA Civ 112). How likely does insolvency need to be, before a director must consider the interests of creditors when deciding what is in the company’s best interests? Is a dividend payment capable of amounting to a transaction defrauding creditors?

John Jessup analyses the decision and considers how it changes the law. Click here to read John's analysis.

John is a Commercial Law barrister whose practice has a particular emphasis on Insolvency and Company Law. View his profile here.