In our insight “Personal Liability of Directors for Climate Strategy: Landmark Case against Energy Company Board,” we analyzed the claim filed in the English High Court by non-profit organization ClientEarth against the...more
The English law concerning contractual duties of good faith (express and implied) has received considerable judicial attention in recent years. It will therefore be of interest to those who use English law contracts,...more
11/7/2022
/ Board of Directors ,
Breach of Contract ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Corporate Counsel ,
Corporate Officers ,
Good Faith ,
Shareholder Litigation ,
Shareholders ,
UK
UK Supreme Court gives important judgment on directors’ “creditor duty” The UK Supreme Court in BTI 2014 LLC v Sequana SA and ors [2022] UKSC 25 has given an important judgment clarifying the nature of the so-called “creditor...more
10/7/2022
/ Board of Directors ,
Commercial Bankruptcy ,
Creditors ,
Debt Financing ,
Debt Restructuring ,
Dischargeable Debts ,
Insolvency ,
Shareholders ,
UK ,
UK Insolvency Act ,
UK Supreme Court
It is often taken for granted that only the named parties to a contract can enforce it. The English Court of Appeal has recently considered an important derogation from that assumption in the context of an arbitration claim....more