Bilta (UK) Ltd & Ors v SVS Securities PLC & Ors [2017] EWHC 135 (Ch) (30 January 2017)

Bilta (UK) Ltd & Ors v SVS Securities PLC & Ors [2017] EWHC 135 (Ch) (30 January 2017)

Permission to amend is granted in pruned form because the proposed amendments (limited to August and September 2009) are potentially significant to the claimants' case on dishonesty and do not impose a disproportionate burden; references to the German judgment and certain sub-paragraphs are excluded to avoid unnecessary complexity and prejudice. Disclosure application is not granted at this stage; standard disclosure will follow the amended pleadings.

Citation
[2017] EWHC 135 (Ch)
Parties
Claimant/applicant: Bilta (UK) Limited (in liquidation) and others; Defendant/respondent: SVS Securities plc; Defendant/respondent: Kulvir Singh Virk; Defendant/respondent: Simon Fox; Defendant/respondent: Deutsche Bank AG
Jurisdiction
England and Wales
Judgment Date
30 January 2017
Procedural Posture
Civil (chancery Division, Financial List) / Interlocutory Application for Permission to Amend Particulars of Claim and for Disclosure
Outcome
Permission to amend granted in part; disclosure application not granted at this stage.
Legal Topics
Dishonest Assistance, Knowing Participation in Fraud, Disclosure, Amendment of Pleadings, VAT Fraud, Missing Trader Intra Community (mtic) Fraud
Commercial Law Insolvency Law Fraud Dishonest Assistance Knowing Participation in Fraud Disclosure Amendment of Pleadings VAT Fraud +1 more

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Parties

Bilta (UK) Limited (in liquidation) and others

Claimant/applicant

SVS Securities plc

Defendant/respondent

Kulvir Singh Virk

Defendant/respondent

Simon Fox

Defendant/respondent

Deutsche Bank AG

Defendant/respondent

Procedural Posture

Civil (chancery Division, Financial List) / Interlocutory Application for Permission to Amend Particulars of Claim and for Disclosure

Legal Issues

  1. 1 Whether claimants should be granted permission to amend particulars of claim to include allegations relating to German trading and convictions
  2. 2 Whether disclosure should be ordered in relation to German trading between SVS and Deutsche Bank
  3. 3 Whether the proposed amendments are relevant and proportionate to the issues in the proceedings

Ratio Decidendi

Permission to amend is granted in pruned form because the proposed amendments (limited to August and September 2009) are potentially significant to the claimants' case on dishonesty and do not impose a disproportionate burden; references to the German judgment and certain sub-paragraphs are excluded to avoid unnecessary complexity and prejudice. Disclosure application is not granted at this stage; standard disclosure will follow the amended pleadings.

Court Disposition

Permission to amend granted in part; disclosure application not granted at this stage.

Orders

  • Permission to amend particulars of claim in pruned form (excluding references to German judgment and certain sub-paragraphs)
  • No order on disclosure application; standard disclosure to follow amended pleadings