Bank of India v Morris & Ors [2005] EWCA Civ 693 - S 213 Insolvency Act 1986 (s 993 CA 2006 - s 9 FA).
1) “blind-eye” knowledge requires a suspicion, firmly grounded and targeted on specific facts, that the relevant facts do exist and a deliberate decision to avoid confirming that they exist.
2) civil and criminal liability extends beyond the company which actually carried on its business with intent to defraud creditors and its directors to “outsiders”, meaning individuals and corporate third parties who have knowingly been parties to the fraudulent trading.
3) the civil policy behind s 213 means it may be appropriate to attribute the knowledge of someone who is not a member of a company’s board to that company.
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