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Law digests: 24 February 2023

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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