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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

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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