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

June 17, 2017

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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