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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll