On the brink of insolvency: When should directors consider the interests of creditors?

In the recent decision of BTI 2014 LLC v Sequana S.A. and others, the English Court of Appeal issued helpful guidance on the question of when the directors of an insolvent or near insolvent company are obliged to consider the interests of creditors. In this update we consider the impact of this decision on the duties of directors of a company facing insolvency in Guernsey.