Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors

Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors

The application to adjourn was refused because the trial could proceed fairly and properly with robust case management, including the possibility of remote evidence for witnesses unwilling to attend in person due to COVID-19. The inability of one witness to attend for medical reasons did not justify adjournment. The arrangements proposed would sufficiently address health concerns without compromising the fairness of the proceedings.

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 (TFS)
Jurisdiction
England and Wales
Judgment Date
10 January 2021
Procedural Posture
Civil (commercial) / Interlocutory Application for Adjournment Prior to Trial
Outcome
Application for adjournment refused
Legal Topics
Adjournment of Trial, Remote Hearings, COVID 19 Impact on Proceedings, Witness Evidence, Case Management
Civil Procedure Commercial Law Adjournment of Trial Remote Hearings COVID 19 Impact on Proceedings 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 (TFS)

Defendant

Procedural Posture

Civil (commercial) / Interlocutory Application for Adjournment Prior to Trial

Legal Issues

  1. 1 Whether the trial should be adjourned due to COVID-19 related witness concerns
  2. 2 Whether remote evidence is fair in a dishonesty case
  3. 3 Whether the inability of a key witness to attend justifies adjournment

Ratio Decidendi

The application to adjourn was refused because the trial could proceed fairly and properly with robust case management, including the possibility of remote evidence for witnesses unwilling to attend in person due to COVID-19. The inability of one witness to attend for medical reasons did not justify adjournment. The arrangements proposed would sufficiently address health concerns without compromising the fairness of the proceedings.

Court Disposition

Application for adjournment refused

Orders

  • Trial to proceed as scheduled with robust case management and possible remote evidence for witnesses as appropriate