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ARTICLE · 15 OCTOBER 2013

Attribution Of Knowledge: Does It Depend On The Identify Of The Victim?

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Chancellor of the High Court, England and Wales Court of Appeal, fraudulent conduct, unlawful conduct

CanadaLitigation, Mediation & Arbitration
Helen Burnett
Helen Burnett
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In Jetivia SA & Anor v Bilta (UK) Ltd & Ors, the England and Wales Court of Appeal confirmed and clarified the circumstances in which a director's knowledge of fraudulent conduct will be attributed to the company. In particular, it explained that a director's knowledge will not be attributable to the company in the context of a claim made by the company against the director and its associates who engaged in unlawful conduct with negative consequences to the company.

Background

This appeal was brought with leave by Jetivia S.A. and Urs Brunchschweiler from an Order of the Chancellor of the High Court dismissing their applications for the summary dismissal or striking out of the claims against them.

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