I agree that there is no new law here.
It also seems to me that, in failing to exercise their duty of care in relation to future claimants, the non-executive directors (or all directors for that matter) are in danger of being held personally responsible for the losses suffered by those claimants.
An action for damages will depend on that failure of duty of care.
Again, no new law but it does increase the pressure on directors.
Cheers,
Jolyon