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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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