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24 February 2023
Issue: 8014 / Categories: Case law , In Court , Law digest
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Law digests: 24 February 2023

Company

Tradition Financial Services Ltd v Bilta (UK) Ltd and others [2023] EWCA Civ 112, [2023] All ER (D) 40 (Feb)

The Court of Appeal, Civil Division, dismissed an appeal and cross appeal in a case regarding missing trader inter-community (MTIC) fraud. The MTIC fraud involved spot trading in carbon credits under the EU Emissions Trading Scheme. Five claimant companies (by their liquidators) issued proceedings against four defendants, in which they alleged that MTIC fraud had taken place in 2009. A fifth defendant, TFS, was later joined to the proceedings. The claims against TFS were: (i) claims by the companies themselves alleging TFS’s dishonest assistance in the breach of fiduciary duty by the directors of the claimants; and (ii) claims by the liquidators alleging participation by TFS in the fraudulent trading of the businesses of the claimant companies pursuant to s 213 of the Insolvency Act 1986 (IA 1986). The other claims were settled. In the case against TFS, the court held that the defendants’ defence on limitation succeeded and accordingly the claims against TFS were statute barred. Further, that the claimants’

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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