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Wrongful trading claims: a central plank or dead in the water? – James Morgan KC & Lauren Kreamer

James Morgan KC and Lauren Kreamer were featured in the winter edition of Recovery Magazine.

The article titled ‘Wrongful trading claims: a central plank or dead in the water?’ summarises some cases and issues about bringing wrongful trading claims as part of directors duties.

In the long‑awaited Supreme Court judgment in BTI 2014 LLC v. Sequana SA [2022] UKSC 25, at [123], Lord Reed described section 214 of the Insolvency Act 1986 as “a central plank in the statutory scheme of creditor protection” and noted it is to that statutory scheme “which purely judge‑made rules or principles must either be accommodated or abandoned”. Further, at [238], Lord Hodge suggested that it would only be in “rare circumstances” that the court would need to consider how far section 214 constrained the development of the common law to provide a remedy in circumstances outside those identifies in that provision.

The full article can be read, here.