header-logo header-logo

Reflective loss reconsidered (Pt 2)

18 July 2019 / Richard Samuel
Issue: 7849 / Categories: Features , Procedure & practice , Damages
printer mail-detail

In a special two-part series Richard Samuel considers Lord Millett’s taste for Marmite: two policy needs & a single response

  • In the second of a two-part series, Richard Samuel explores the reasoning of Lord Millett in Johnson v Gore Wood and Waddington v Thomas which supports the view that the rule on reflective loss is to be applied strictly...
  • … and explores how a third policy requirement behind the rule might be better achieved if the rule is applied flexibly on the facts of each case.

In Part 1, readers were introduced to an alternative reading of Johnson v Gore Wood & Co [2002] 2 AC 1, in which the rule against reflective loss is properly to be seen as a flexible rule of procedure rather than an inflexible rule of law (see NLJ, 5 July 2019, p17).

Readers also tasted the fruits of Lord Millett’s speech in Waddington Ltd v Thomas [2009] 2 BCLC 82, recording how the courts developed flexible procedural rules permitting a shareholder

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll