Editor’s Note from The Bankruptcy Cave: Our good colleagues Robert Dougans and Tatyana Talyanskaya from BC’s London office published this earlier in the summer, and we could not wait to add it to your autumn reading list. The lesson here is powerful – England, the birthplace of the common law, comes through again to right an injustice where traditional legal principles might otherwise fall short. Many of you readers have often dealt with defendants playing a shell game with their assets. The Marex decision provides a powerful response – an independent tort against the individuals who perpetrated the asset stripping, instead of a pursuing a daisy-chain of subsidiaries and affiliates, all bereft of assets. We at The Bankruptcy Cave applaud this decision – for every right, there shall be a remedy!
There is a joke that freezing injunctions areRead More