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

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...