News & publications

22 February, 2019 Challenging lawful dividend payment as a transaction defrauding creditors and for breach of directors’ duties (BTI 2014 LLC v Sequana SA and others; BAT Industries plc v Sequana SA and another)

Ciaran Keller discusses the practical implications of the judgment in BTI 2014 LLC v Sequana SA and others, BAT Industries plc v Sequana SA and another, which clarifies, with respect to a lawful dividend payment, when remedial relief under section 423 of the Insolvency Act 1986 (IA 1986) may be granted and when directors’ duties […]

18 February, 2019 Court of Appeal overturns finding of breach of contract in asset management dispute

On 15 February 2019, the Court of Appeal handed down judgment in Henderson Administration Ltd v Pease [2019] EWCA Civ 158 allowing an appeal by Henderson against the order made following trial in the Chancery Division. The judgment considers the general principle of English contract law that where an obligation can be performed in different ways it is ordinarily for the obligor to choose the method of performance. The Court of […]