
Danielle De Val
Legal Director
Exeter
danielle.deval@brownejacobson.com
+44 (0)3300452293
Danielle is a Legal Director based in our Exeter office.
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Published Article
ClientEarth claim may expand scope of directors' duties
20 October 2022
Legal Update
Trigger happy when directors’ duties are the target?
In a judgment handed down yesterday the Supreme Court has affirmed that a so called “creditor duty” exists for directors such that in some circumstances company directors are required to act in accordance with, or to consider the interests of creditors. Those circumstances potentially arise when a company is insolvent or where there is a “probability” of an insolvency. We explore below the “trigger” for such a test to apply and its implications.