The Creditor Duty following Hunt v Singh - Sequana Revisited & More

Introduction

A company director owes a duty under s. 172 Companies Act 2006 to promote the success of the company.

When the company is insolvent or on the brink of insolvency, that duty may extend to considering the interests of the company’s creditors.

The existence of this so-called ‘creditor duty’ was confirmed by the Supreme Court in BTI 2014 LLC v Sequana SA, where guidance was also given as to when that duty is triggered and what it requires in practice.

The Supreme Court’s decision has been considered and applied in several first instance and appellate decisions since it was handed down.

This new virtual classroom seminar will examine the most important of those decisions and analyse the further guidance that has been given as to when the creditor duty will be triggered and what company directors are obliged to do when that happens.

What You Will Learn

This live and interactive course will cover the following:

• A brief refresher on the Supreme Court’s decision in BTI 2014 LLC v Sequana SA, including:
• What the creditor duty is
• When the creditor duty is triggered
• What the creditor duty requires a company director to do or refrain from doing
• The key cases which have considered and applied BTI 2014 LLC v Sequana SA since it was handed down, including the decision in Hunt v Singh
• What practical advice to give directors or creditors where there is a possibility that the creditor duty has been or will shortly be engaged

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.