According to Lord Reed, the issues on appeal in BTI 2014 LLC v Sequana SA  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.
- 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
A video and podcast recording, as well as the speakers’ PowerPoint and a transcript of the presentation are published here.