The Marex tort (interference with a judgment debt)
Published by a LexisNexis Dispute Resolution expert
Practice notesThe Marex tort (interference with a judgment debt)
Published by a LexisNexis Dispute Resolution expert
Practice notes
This Practice Note on the ‘Marex tort’ considers the legal principles for the tortious cause of action that the defendant has intentionally violated the claimant’s rights in a judgment debt. For guidance generally on enforcing judgments, see: Introduction to enforcement—overview and related content.
What is the Marex tort?
The so-called Marex tort is a tortious cause of action predicated on the defendant’s alleged intentional violation with the claimant’s rights in a judgment debt. The parameters of the tort were first confirmed by Bryan J in Lakatamia v Su, having been raised by Knowles J in Marex v Garcia (also known as Marex v Sevilleja). See: Marex tort—history below.
In Lakatamia v Su, Lakatamia advanced two claims against the defendants:
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unlawful means conspiracy—alleging that the defendants (including the second defendant, Madam Su) conspired together to injure Lakatamia by unlawful means, namely by the dissipation of two assets of Madam Su’s son, the first defendant (Mr Su), namely the net sale proceeds of two Monegasque villas (the Monaco Sale Proceeds) and a private
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Parameters definition
What does Parameters mean?
In relation to a dco, the Order (in particular its provisions) will set the parameters of the scheme in relation to form, scale, location and elements of the scheme including any restrictions, or limits of deviation if any subsequent flexibility is to be allowed. Such parameters must relate to the assessment of environmental impacts that have been carried out. There is also a relationship with the "rochdale envelope" in terms of how schemes may evolve, the need to understand the relationship between parameters and robust assessment of significant environmental effects.
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