“…gments in the Supreme Court in so far as concerns section 213. But they are set out in more detail in the judgment at first instance of Sir Andrew Morritt V-C: [2012] EWHC 2163 (Ch), [2014] Ch 52 at [7]. The overall case, like the present one, concerned an MTIC fraud in relation to trading in EUAs. Bilta bought EUAs from Jetivia, free of V…”
“… the company is or is likely to become insolvent the requirement to consider and act in the interests of creditors is imposed on the directors of the company”: [2012] EWHC 2163 (Ch), [2014] Ch 52 at [28]. Referring to section 172(3) of the Companies Act 2006, Patten LJ said in this court that “the obligation to act in the interests of cred…”