In this article, Andrew Bowen QC looks at the case of BTI 2014 LLC v Sequana SA [2019] 1 B.C.L.C. 347 and considers the directors’ duty to the interests of creditors when considering payment of an otherwise lawful dividend.

This article was first published in Greens Business Law Bulletin, Issue 162 (published October 2019) and on Westlaw. It is reproduced here with the kind permission of Thomson Reuter.