One of the year’s most striking decisions was the Supreme Court’s “momentous” decision, as Lady Arden called it, in BTI vs Sequana. The court held that where a company is insolvent, or bordering on insolvency, its directors owe a duty to the company to balance creditors’ interests with shareholders’ interests. Where insolvent liquidation or administration is inevitable, creditors’ interests are paramount.

While BTI recast existing law, the Building Safety Act 2022 brought momentous change to residential developments. Among many regulatory changes, the act bolsters the regime for buildings at least 18m or seven storeys high. It also creates a liability for manufacturers and suppliers of defective construction products which make a dwelling unfit for habitation. For defective cladding, a retrospective 30-year limitation period applies.

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