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United Kingdom: COVID-19 – Dishonest assistance and fraudulent trading: Bilta (UK) Limited (in liquidation) et ors v (1) Natwest Markets PLC and (2) Mercuria Energy Europe Trading Limited

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In brief

This article relates to a recent High Court decision regarding dishonest assistance, fraudulent trading (pursuant to s.213 of the Insolvency Act) and vicarious liability and will be particularly relevant to brokers, banks, traders and other intermediaries which process payments and other transactions.  The Disputes Resolution team shed light on the circumstances in which those entities and individuals may be found by the Courts to have acted dishonestly by failing to seek further information where they have suspicions of potential wrongdoing. This will also be useful reading in preparation for a post-Covid-19 world, when the repercussions of actions that took place before and during the pandemic will be better understood and will no doubt be thrust under a spotlight.

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Author

Charles Thomson is a partner and solicitor advocate in Baker McKenzie’s Dispute Resolution Practice Group in London. He co-manages the Business Crime Unit, and is part of the Financial Institutions Disputes, Contentious Trusts and Compliance and Investigations Groups. Charles joined the Firm as a trainee in 2002, and concurrently spent three months on secondment as a judicial assistant at the Royal Courts of Justice in the Civil Appeals Division. A solicitor advocate since 2007, Charles appears as an advocate in all Higher Courts in England and Wales. Chambers and Legal 500 both commend Charles for his legal practice. Charles is also listed as a Rising Star in Litigation by Legal Week.

Author

Anna is an Associate in the Dispute Resolution team in London. Anna's practice covers a broad spectrum of contentious and advisory work. She acts for clients in complex, cross-jurisdictional commercial disputes including civil fraud and international arbitration matters.

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