And so we have it - one of the most important company law judgments of recent years: BTI 2014 LLC v Sequana SA & Ors [2022] UKSC 25. The existence of the common law 'creditor duty' (also known as the 'rule in West Mercia' after the case West Mercia Safetywear v Dodd [1988] BCLC 250) has been confirmed and its content and application explained. A summary of the judgment is available here and here (pdf). A summary was also read out by Lord Briggs in the Supreme Court yesterday - see below (if the video does not appear below, it can also be found here):
A message from Robert Goddard, Senior Lecturer in Law, Aston Law School, Aston Business School, Birmingham, UK. Email: robert_goddard@outlook.com or r.j.goddard@aston.ac.uk
At Aston I teach (or have taught) courses in fraud, company law, corporate governance, securities law, financial regulation and taxation. This site primarily supports my company (corporate) law and governance teaching and to a lesser extent the other subjects I teach. It is primarily an online notepad where I record important developments, news and other items that interest me.
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And so we have it - one of the most important company law judgments of recent years: BTI 2014 LLC v Sequana SA & Ors [2022] UKSC 25. The existence of the common law 'creditor duty' (also known as the 'rule in West Mercia' after the case West Mercia Safetywear v Dodd [1988] BCLC 250) has been confirmed and its content and application explained. A summary of the judgment is available here and here (pdf). A summary was also read out by Lord Briggs in the Supreme Court yesterday - see below (if the video does not appear below, it can also be found here): 
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