The Law Reports (Queen's Bench Division)
[2019] QB 173
Court of Appeal
Marex Financial Ltd
v
Sevilleja
[2018] EWCA Civ 1468
2018 June 14; 26
Lewison, Lindblom, Flaux LJJ
Company— Creditor’s claim against beneficial owner— Rule against reflective loss— Claimant obtaining judgment against companies— Beneficial owner and director of companies allegedly stripping them of assets post-judgment so that unable to pay judgment debt— Claimant’s action in tort against beneficial owner and director to recover judgment debt— Whether within exception to rule against reflective loss— Whether rule barring completed causes of action in tort— Whether claim to be struck out
Practice— Claim form— Service out of jurisdiction— Claimant obtaining judgment against companies— Beneficial owner and director of companies allegedly stripping them of assets post-judgment so that unable to pay judgment debt— Claimant’s action against beneficial owner and director in tort to recover judgment debt— Whether rule against reflective loss applying such that action not “claim … made in tort”— Whether jurisdiction to grant permission to serve claim form out of jurisdiction—
CPR
r 6.36; Practice Direction 6B, para 3.1(9)
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