Join us for ‘From Dust to Dissolution: Fraudulent Trading, Restoration and Carbon Credits in Tradition Financial Services Ltd v Bilta (UK) Ltd [2023] EWCA Civ 112′ and ‘Bankruptcy annulments: common pitfalls for bankrupts, creditors and trustees’ presented by Zachary Kell and Lauren Kreamer at Arundel House on Tuesday, 26 September 2023, 17:30 – 20:00.
A major VAT fraud in the carbon credit market from 2009 has now led the Court of Appeal to determine what constitutes a “party” carrying on a business which was carried on with the intent to defraud creditors/any fraudulent purpose. The Court also looked at the deeming provisions of s.1032 of the Companies Act 2006 and how that may relate to a claimant praying in aid s.32 of the Limitation Act 1980 in order to keep their claim for dishonest assistance from being time-barred.
In his talk, Zachary will look at the recent decision in Tradition Financial Services alongside other related cases to set out some of the tools available to litigators and insolvency practitioners in order to best pursue parties who have used corporate entities as vehicles of fraud.
Lauren will be giving a refresher on the bankruptcy annulment process and a reminder of where it can go wrong for bankrupts, creditors and trustees. She will also provide an update on recent case law in this area, including the recent case of Re Kooter [2023] EWHC 594 (Ch) which looked at the court’s treatment of a trustee in bankruptcy’s fees after a successful annulment application by a majority creditor on COMI grounds, and what this decision means for trustees and their advisers.
This seminar is an in-person event only and will be hosted at Arundel House.
Junior Programme events are aimed at recently qualified lawyers and consist of an hour long webinar covering topical issues such as recent case law. The webinars will however provide a helpful refresher for more experienced practitioners and we welcome all of those who are interested in joining. Please do forward this invite as appropriate.
Please email events@radcliffechambers.com if you would like to extend this invitation to a colleague or would like some further information.