header-logo header-logo

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

Reflective loss reconsidered (Pt 2)

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll