This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

CLOSE

20 Essex Street Bulletin - 'Asset-Stripping of Judgment Debtors, Freezing Injunctions, the Limits of Tortious Liability and Reflective Loss'

Following their appearance in Marex Financial Limited v Carlos Sevilleja GarciaDavid Lewis QC and Richard Greenberg report in this 20 Essex Street Bulletin on the 25 April 2017 judgment of Mr Justice Knowles in which Mr Sevilleja’s application challenging the Court’s jurisdiction was dismissed.

The case raises a number of important issues on the proper construction of the tort jurisdictional gateway; the scope of the tort of procuring a breach of contract (in particular whether the cause of action extends to procuring a breach of rights under a judgment) and of the tort of causing loss by unlawful means; and the rule against reflective loss.

The case will be of particular interest to those considering what remedies there might be in a situation where there has been a dissipation of assets prior to the granting of a freezing injunction, not only after but also before judgment.

 

If you are interested in receiving future editions of the 20 Essex Bulletin via e-mail please contact the Marketing Communications Manager Tamara McCombe tmccombe [at] 20essexst [dot] com

»
Relevant members: 
AttachmentSize
Asset-Stripping of Judgment Debtors, Freezing Injunctions, the Limits of Tortious Liability and Reflective Loss.pdf630.59 KB