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04 July 2019 / Richard Samuel
Issue: 7847 / Categories: Features , Procedure & practice , Damages
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Reflective loss reconsidered (Pt 1)

In a special two-part NLJ series, Richard Samuel considers the history & likely future of the court’s rulings on shareholder action & reflective loss

  • The Supreme Court is due to review the rule on reflective loss this year in Sevilleja Garcia v Marex Financial Ltd.
  • The orthodox view is that the rule as currently formulated in the House of Lords’ decision Johnson v Gore Wood is an inflexible rule of law..
  • Richard Samuel offers a heterodox view of Johnson as affirming the rule as one of procedure, which should be applied flexibly.

In Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] Ch 204, [1982] 1 All ER 354 at pp222H–223B, the Court of Appeal first established the rule on reflective loss as a means of imposing structure on out-of-control first instance litigation brought by a company’s shareholders as a combination of derivative action and direct action: ‘In our judgment the personal claim is misconceived … what [the shareholder] cannot do is to recover damages merely because

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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