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UK Court Clarifies Important Issues Relating to Proprietary Interests in Trust Assets

The Court of Appeal ruled that losing proprietary rights under foreign law could invalidate personal claims against third party recipients of trust assets. On 27 January 2022, the UK Court of Appeal unanimously dismissed...more

UK Court of Appeal: When to Trigger the Creditor Duty Shift

Ruling provides guidance on how close to insolvency a company needs to be before directors must consider creditors’ interests. The UK Court of Appeal has ruled that the payment of a lawful dividend did not, on the facts,...more

Directors Beware: UK Court of Appeal Ruling Clarifies Creditors’ Abilities to Challenge

The court offers guidance on reversing lawful dividend payments and when directors need to take into account creditors’ interests. On 6 February 2019, the UK Court of Appeal published a judgment in BTI v. Sequana that will...more

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