header-logo header-logo

Reflective loss reconsidered (Pt 1)

04 July 2019 / Richard Samuel
Issue: 7847 / Categories: Features , Procedure & practice , Damages
printer mail-detail

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

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll