Legal updates: September 2023

Sophie Brookes and Debbie Shaw of Gateley examine directors’ duties and tax free bonuses in Hunt, exclusion clauses in Virgin Mobile and beneficial ownership registration

Directors' duties: creditor duty re-examined

In the case of Hunt v Singh [2023] EWHC 1784 (Ch) the court has once again been asked to consider at what point in a company’s financial difficulties will the interests of creditors arise.

The case follows on from the landmark Supreme Court decision in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25, which confirmed and clarified the existence of a common law ‘creditor duty’.

What is the creditor duty?

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