Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors [2021] EWHC 36 (Ch) (10 January 2021)

Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors [2021] EWHC 36 (Ch) (10 January 2021)

The trial should not be adjourned. With robust case management, including the use of a 'supercourt', hybrid hearing arrangements, and strict COVID-19 precautions, the trial can proceed fairly. Remote evidence from key witnesses is not ideal but is fair in the circumstances. The inability of Ms Mortimer to attend in person does not justify adjournment.

Citation
[2021] EWHC 36 (Ch)
Parties
Claimant: Bilta (UK) Limited (in liquidation) and others; Defendant: SVS Securities plc; Defendant: Kulvir Singh Virk; Defendant: Simon Fox; Defendant: Deutsche Bank AG; Defendant: Tradition Financial Services Limited
Jurisdiction
England and Wales
Judgment Date
10 January 2021
Procedural Posture
Commercial Civil Litigation (dishonest Assistance Claim) / Pre Trial Case Management (application to Adjourn Trial)
Outcome
Application to adjourn trial refused
Legal Topics
Adjournment of Trial, Remote Hearings, COVID 19 Procedural Adaptations, Witness Evidence, Case Management
Civil Procedure Commercial Law Adjournment of Trial Remote Hearings COVID 19 Procedural Adaptations Witness Evidence Case Management

Case Brief

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Parties

Bilta (UK) Limited (in liquidation) and others

Claimant

SVS Securities plc

Defendant

Kulvir Singh Virk

Defendant

Simon Fox

Defendant

Deutsche Bank AG

Defendant

Tradition Financial Services Limited

Defendant

Procedural Posture

Commercial Civil Litigation (dishonest Assistance Claim) / Pre Trial Case Management (application to Adjourn Trial)

Legal Issues

  1. 1 Whether the trial should be adjourned due to COVID-19 related concerns of key witnesses about attending court in person
  2. 2 Whether remote evidence is fair and proper in a commercial trial involving allegations of dishonesty
  3. 3 Whether the inability of a witness (Ms Mortimer) to attend in person justifies adjournment

Ratio Decidendi

The trial should not be adjourned. With robust case management, including the use of a 'supercourt', hybrid hearing arrangements, and strict COVID-19 precautions, the trial can proceed fairly. Remote evidence from key witnesses is not ideal but is fair in the circumstances. The inability of Ms Mortimer to attend in person does not justify adjournment.

Court Disposition

Application to adjourn trial refused

Orders

  • Trial to proceed as scheduled with robust case management and hybrid/remote arrangements as necessary