Paul Johnson

Key questions for IPs to ask funders

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The monthly insolvency statistics for October 2022 (published by the Insolvency Service in November) show that corporate insolvencies have risen 38% from the same month in the previous year and are 32% higher than pre-pandemic. Insolvency practitioners, lawyers and advisers are therefore gearing up for further rises in insolvencies as the economic climate is expected […]

‘More case law to come’ after BTI v Sequana judgment

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As Lord Reed recognised, the appeal before the Supreme Court on the case of BTI 2014 LLC v Sequana S.A. & Others raised questions of considerable importance for company law. The issue was whether the trigger for the directors’ duty to consider creditors is merely a real risk of – as opposed to a profitability […]