Fraudulent Trading in UK Law

  • Morphites v Bernasconi and Others
    • Court of Appeal (Civil Division)
    • 05 March 2003
    ... ... of the company with intent to defraud creditors and for other fraudulent purposes and that they were liable to make such contributions to the ... a lengthy written judgment, in which he held that that fraudulent trading had been made out against the directors; and declared that they should ... ...
  • Jetivia S.A. and Another (Appellants/6th and 7th Defendants) v Bilta (UK) Ltd ((in Liquidation)) and Others (Respondents/Claimants)
    • Court of Appeal (Civil Division)
    • 31 July 2013
    ... ... The liquidators have separate claims for fraudulent trading under s.213 of the Insolvency Act 1986 (" IA 1986"). The ... ...
  • R v Schildkamp
    • House of Lords
    • 27 November 1969
    ... ... or for any fraudulent purpose, the court on the application of the Official Receiver …. may, ... Fraudulent trading is a new conception not imported from the Bankruptcy Act ... 12 The ... ...
  • Bilta (UK) Ltd (in Liquidation) v Nazir
    • Supreme Court
    • 22 April 2015
    ... ... parties to an unlawful means conspiracy to injure Bilta by a fraudulent scheme, which involved Messrs Chopra and Nazir breaching their fiduciary ... enter into a series of transactions relating to European Emissions Trading Scheme Allowances with various parties, including Jetivia, and that those ... ...
  • Ward v Aitken and Others ; Re Oasis Merchandising Services Ltd
    • Court of Appeal (Civil Division)
    • 09 October 1996
    ... ... power conferred on him alone in respect of alleged wrongful trading by directors ... 3 It is an appeal by the Sixth ... action by a liquidator, and the fruits of such an action, for fraudulent preference or fraudulent or wrongful trading, which are not the property ... ...
  • Stone and Rolls Ltd ((in Liquidation)) v Moore Stephens (A Firm)
    • House of Lords
    • 30 July 2009
    ... ... to them in consequence of the extension of the period of their fraudulent activity that they submit was caused by Moore Stephens' breach of duty ... to banks false documents in relation to fictitious commodity trading. My noble and learned friend Lord Mance has explained in a little more ... ...
  • Ivey v Genting Casinos (UK) Ltd (trading as Crockfords)
    • Supreme Court
    • 25 October 2017
    ... ... 840, East's Pleas of the Crown (1803) vol II, pp 816ff for that author's opinion that that offence consisted in: "the fraudulent obtaining [of] the property of another by any deceitful and illegal practice or token (short of felony) which affects or may affect the public. It is ... ...
  • Multinational Gas and Petrochemical Company v Multinational Gas and Petrochemical Services Ltd
    • Court of Appeal (Civil Division)
    • 16 February 1983
    ... ... 4 The plaintiffs started trading in 1971. They had a capital of 25,000,000 United States dollars but only ... a company is bound, in a matter which is intra vires and not fraudulent, by the unanimous agreement of its members or by an ordinary resolution of ... ...
  • New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
    • Supreme Court
    • 24 October 2012
    ... ... for about US$10m under State and Federal law in respect of fraudulent conveyances and transfers was enforced in England at common law. In New ... at an undervalue or on the basis of wrongful or fraudulent trading would be claims deriving directly from the winding up and therefore ... ...
  • Armstrong DLW GmbH v Winnington Networks Ltd
    • Chancery Division
    • 11 January 2012
    ... ... carbon emissions account at the German Greenhouse Gas Emissions Trading Scheme Registry ("the German Registry") to Winnington's carbon emissions ... closed its eyes to the risk that the Transaction was fraudulent or improper or alternatively that it knew of circumstances which would ... ...
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