In a new ruling, the UK Supreme Court concluded that the rule applies only when a company is “insolvent or bordering on insolvency”.

On 5 October 2022, the UK Supreme Court handed down judgment in BTI 2014 LLC v. Sequana SA and others (Sequana). The case required the court to reconcile differing judicial pronouncements of the “creditors’ interest rule” (the Rule) and consider the following questions...