D&O and FI Newsletter - Autumn 2022

DAC Beachcroft's D&O and FI newsletter features topical issues for our clients and contacts

BTI v Sequana- Supreme Court clarifies, for the first time, when and how company directors owe a duty to a company's creditors.

This landmark decision of the Supreme Court considers the duties on directors when a company is entering the twilight zone of insolvency and confirms that the so-called “creditor duty” is not a separate duty from the director’s fiduciary duty to act in good faith to the company.

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Watt Liability?  Director’s personal liability as an accessory to company wrongdoing

Barclay-Watt v Alpha Panareti Public Limited

A company was found liable to investors for its failure to advise of particular currency risks but the Court of Appeal held the director was not personally liable as an accessory to the company’s wrongdoing.

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Claims against UK-parent companies – a growing trend in environmental damage and human rights abuse claims  

ESG litigation risk brings the need for greater corporate oversight from the highest echelons, and for large organisations, this is likely to tighten the nexus within the corporate structure between a parent company and its subsidiaries, and in turn, exposure to parent company liability for wrongdoing by its subsidiaries.

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The Australian securities class action regime – an update

This guest article from Wotton + Kearney provides an overview of the class action regime in Australia and some of the changes encountered over the last 12 months.

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ESG claims against Directors: will it all come out in the wash?

This article looks at ESG-washing which is an emerging trend in claims against D&Os.

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Unmasking bounce back loan fraud – implications for D&O and FI insurers

The National Audit Office has estimated that 11% of the loans granted as part of the Government’s Bounce Back Loan Scheme (introduced to assist businesses during the Covid 19 pandemic) were fraudulently claimed.  This article looks at the insurance implications of this abuse.

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Litigation Funding- are insurers counting the cost?

Litigation funding continues to be a popular investment vehicle in the UK and this trend appears likely to continue as funders are attracted to litigation as an investment vehicle as economic uncertainty persists and the post-Covid litigation landscape develops.

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