All posts by Practical Law Dispute Resolution

REUTERS | Yves Herman

The Marex tort

I doubt there is a word to describe the joy of discovering a tort you have not heard of before (five possible words are “need to get out more”), but if there is, I experienced it recently.

The tort in question is the snappily-named “inducing or procuring another to act in wrongful violation of rights under a judgment”. The first judge affirmatively to recognise the existence of this tort was Knowles J in Marex Financial Ltd v Sevilleja, and in view of the full name he gave it, it is perhaps not surprising that it has become known as “the Marex tort” (which is also how I will refer to it in this blog).

Marex of course became much better known as the leading modern authority on the principle of reflective loss, following the decision of the Supreme Court on that aspect of the case. But this other, lesser-known contribution it made to the legal landscape is arguably the more far-reaching.

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REUTERS | Louafi Larbi

A different costs system with digitisation, vulnerable court users and a properly functioning civil justice system at its heart is the goal of a Civil Justice Council’s (CJC) working party, which recently closed its wide-ranging consultation on areas for possible reform.

As the group of lawyers with the most direct experience of the issues, the ACL has responded in detail to the consultation following extensive member consultation.

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REUTERS | Alexandre Meneghini

Force majeure (FM) clauses in commercial contracts are currently receiving more judicial attention than they have for many years. International sanctions, extreme weather conditions and a global pandemic have caused huge uncertainty and led many parties to seek to rely on FM provisions in their contracts. The scope of the protection provided by a FM clause will depend on its wording and its application to the circumstances of each case but recent judgments provide important pointers to parties considering relying on FM.

The Court of Appeal’s judgment in MUR Shipping, which overturned the Commercial Court’s decision covered in our earlier blog post, suggests that the courts will endeavour to take a practical and commercial approach and that it may be more difficult for parties to avoid performing their contractual obligations.

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