ARTICLE
28 June 2017

UK's Marex Ruling May Lead To New Tortious Cause Of Action

BJ
Bennett Jones LLP

Contributor

Bennett Jones is one of Canada's premier business law firms and home to 500 lawyers and business advisors. With deep experience in complex transactions and litigation matters, the firm is well equipped to advise businesses and investors with Canadian ventures, and connect Canadian businesses and investors with opportunities around the world.
A recent England and Wales High Court decision has laid the groundwork for a new tortious cause of action.
United Kingdom Litigation, Mediation & Arbitration

A recent England and Wales High Court decision has laid the groundwork for a new tortious cause of action.

In Marex Financial Limited v. Carlos Sevilleja Garcia[1], the court considered whether a claim in tort exists against a person who, anticipating a final judgment and freezing order, dishonestly asset-strips a corporation to ensure it cannot pay its judgment debt. This case moves toward establishing the tort of inducing or procuring another to act in wrongful violation of rights under a judgment. UK's Marex Ruling May Lead to New Tortious Cause Action

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