Company
Re JD Group Ltd in liquidation [2023] EWHC 775 (Ch), [2023] All ER (D) 12 (Apr)
The Chancery Division dismissed the appellant's appeal against a finding of the deputy judge that the appellant had been a knowing party to the carrying on of the business of the company with intent to defraud a creditor by causing it to participate in a Missing Trader Intra Community (MTIC) VAT fraud transaction, and was liable to contribute to the company's assets, pursuant to s 213 of the Insolvency Act 1986. The judge also found that the participation in the fraud during that period, and the submission of a VAT return for that period claiming VAT input credits, had been a fraudulent breach of his duty. The court held that, among other things, the appeal sought to overturn an evaluative decision of the judge reached on the basis of unappealed (and unappealable) findings of primary fact, and the appellant had not brought himself within any of the established mechanisms for succeeding in such a challenge.
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