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

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

Permission to amend is granted for allegations relating to German trading in August and September 2009, as these are potentially significant to the issue of dishonesty and do not unduly expand the scope of disclosure or distort the trial. References to German criminal judgments are not permitted. Disclosure application is not granted at this stage; standard disclosure will follow the amended pleadings.

Parties
Claimant: Bilta (UK) Limited (in liquidation); Claimant: Nathanael EURL Limited (in liquidation); Claimant: Weston Trading UK Limited (in liquidation); Claimant: Vehement Solutions Limited (in liquidation); Claimant: Inline Trading Limited (in liquidation); Claimant: Kevin John Hellard (as joint liquidator of Bilta (UK) Limited); Claimant: David Anthony Ingram (as joint liquidator of Bilta (UK) Limited); Claimant: Kevin John Hellard (as liquidator of Nathanael EURL Limited); Claimant: David Anthony Ingram (as joint liquidator of Nathanael EURL Limited); Claimant: Kevin John Hellard (as joint liquidator of Weston Trading UK Limited); Claimant: David Anthony Ingram (as joint liquidator of Weston Trading UK Limited); Claimant: Kevin John Hellard (as joint liquidator of Vehement Solutions Limited); Claimant: Ian Richardson (as joint liquidator of Vehement Solutions Limited); Claimant: Kevin John Hellard (as joint liquidator of Inline Trading Limited); Claimant: David Anthony Ingram (as joint liquidator of Inline Trading Limited); Defendant: SVS Securities PLC; Defendant: Kulvir Singh Virk; Defendant: Simon Fox; Defendant: Deutsche Bank AG
Jurisdiction
England and Wales
Judgment Date
30 January 2017
Procedural Posture
Civil / Interlocutory Application (permission to Amend Pleadings and Disclosure)
Outcome
Claimants granted permission to amend particulars of claim in pruned form; references to German judgments excised; permission for certain sub-paragraphs of amendments refused; no order made on disclosure application.
Legal Topics
Dishonest Assistance, Breach of Fiduciary Duty, VAT Fraud, Amendment of Pleadings, Disclosure, Similar Fact Evidence
Commercial Law Insolvency Law Fraud Dishonest Assistance Breach of Fiduciary Duty VAT Fraud Amendment of Pleadings Disclosure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Bilta (UK) Limited (in liquidation)

Claimant

Nathanael EURL Limited (in liquidation)

Claimant

Weston Trading UK Limited (in liquidation)

Claimant

Vehement Solutions Limited (in liquidation)

Claimant

Inline Trading Limited (in liquidation)

Claimant

Kevin John Hellard (as joint liquidator of Bilta (UK) Limited)

Claimant

David Anthony Ingram (as joint liquidator of Bilta (UK) Limited)

Claimant

Kevin John Hellard (as liquidator of Nathanael EURL Limited)

Claimant

David Anthony Ingram (as joint liquidator of Nathanael EURL Limited)

Claimant

Kevin John Hellard (as joint liquidator of Weston Trading UK Limited)

Claimant

David Anthony Ingram (as joint liquidator of Weston Trading UK Limited)

Claimant

Kevin John Hellard (as joint liquidator of Vehement Solutions Limited)

Claimant

Ian Richardson (as joint liquidator of Vehement Solutions Limited)

Claimant

Kevin John Hellard (as joint liquidator of Inline Trading Limited)

Claimant

David Anthony Ingram (as joint liquidator of Inline Trading Limited)

Claimant

SVS Securities PLC

Defendant

Kulvir Singh Virk

Defendant

Simon Fox

Defendant

Deutsche Bank AG

Defendant

Procedural Posture

Civil / Interlocutory Application (permission to Amend Pleadings and Disclosure)

Legal Issues

  1. 1 Whether claimants should be granted permission to amend particulars of claim to include allegations relating to German trading and associated dishonesty.
  2. 2 Whether references to German criminal judgments and convictions should be permitted in the amended pleadings.
  3. 3 Whether the scope of disclosure should be extended to cover German trading and related matters.

Ratio Decidendi

Permission to amend is granted for allegations relating to German trading in August and September 2009, as these are potentially significant to the issue of dishonesty and do not unduly expand the scope of disclosure or distort the trial. References to German criminal judgments are not permitted. Disclosure application is not granted at this stage; standard disclosure will follow the amended pleadings.

Court Disposition

Claimants granted permission to amend particulars of claim in pruned form; references to German judgments excised; permission for certain sub-paragraphs of amendments refused; no order made on disclosure application.

Orders

  • Permission to amend particulars of claim as indicated.
  • References to German criminal judgments to be excised from pleadings.