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UK Court of Appeal: When to Trigger the Creditor Duty Shift

Ruling provides guidance on how close to insolvency a company needs to be before directors must consider creditors’ interests. The UK Court of Appeal has ruled that the payment of a lawful dividend did not, on the facts,...more

Directors Beware: UK Court of Appeal Ruling Clarifies Creditors’ Abilities to Challenge

The court offers guidance on reversing lawful dividend payments and when directors need to take into account creditors’ interests. On 6 February 2019, the UK Court of Appeal published a judgment in BTI v. Sequana that will...more

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