The "momentous" UK Supreme Court Decision on Directors' Duties in Respect of Creditors' Interests You Need to Know About


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Dec 12 2022 63 mins  

What does the seminar cover?

According to Lord Reed, the issues on appeal in BTI 2014 LLC v Sequana SA [2022] UKSC 25 “go to the heart of our understanding of company law, and a considerable importance to the management of companies”. The decision concerns the fiduciary duty of directors to act in good faith in the interests of the company.

You you will hear:

- How the dispute arose
- What the Court of Appeal decided and why the directors argued this was wrong
- Why the Supreme Court says this “is a momentous decision for company law”
- Whether company directors owe a duty to consider or act in accordance with the interests of the company’s creditors when the company becomes insolvent or is at risk of insolvency
- The potential consequences BTI 2014 LLC v Sequana SA will have on directors’ duties in Australia

Who should watch?

This session will interest advisory and litigation lawyers with insolvency practices as well as those who are concerned with advising corporate directors generally.

Due to equipment issues the audio quality was compromised, it is recommended you turn the volume up on your device. Please see below for details of where to find the transcript.

PRESENTERS
Paul McQuade KC (Barrister, Level Twenty Seven Chambers)

Paul practices commercial litigation, with particular emphasis on banking and finance, competition and consumer law, corporate law, contract law, corporate and personal insolvency, equity, partnerships, property, securities and trusts. He utilises the specialist knowledge and skills he gained as a Chartered Accountant in factually and legally complex matters.

David Chesterman KC (Barrister, Level Twenty Seven Chambers)

David is regularly instructed to represent major corporate clients to resolve disputes concerning insolvency, contacts, equity, banking & finance, real property, IP, professional negligence and regulatory issues. He has over 15 years’ experience in commercial litigation.

Matthew Jones (Barrister, Level Twenty Seven Chambers)

Matthew has over 12 years’ experience as a barrister, having previously been trained as a solicitor by market leading litigators. He is known for his strategic and commercial approach to litigation, spanning very substantial resources litigation to joint venture and business disputes.

MATERIALS
This presentation was recorded as a live webinar. The video recording, PowerPoint and transcript are published here.

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Website: www.level27chambers.com.au