TAQA appeal ruling: Why directors must rethink intra-group deals

Lauren Moroney, Hannah Field and Hayley Çapani of Shoosmiths summarise a recent Court of Appeal decision which significantly narrows the section 238 defence, requiring directors to justify each step of an intra-group transaction by reference to the benefit of the specific company rather than broader group strategy, increasing scrutiny of value transfers where insolvency later arises.