The court was asked as to the ambit and limits of the rule against reflective loss as discussed in Johnson v Gore Wood and Co [2002] 2 AC 1. On this occasion the issue was whether the rule debared a secured creditor of a company who had suffered loss (as the result of breaches of duties owed both to the secured creditor and the company by a defendant) from recovering that loss because the company was also entitled to recover that loss.
Judges:
Bartley Jones QC DHCJ
Citations:
[2012] EWHC 1971 (Ch), [2014] 1 BCLC 128, [2013] 2 WLR 466, [2013] Ch 346, [2012] WLR(D) 208, [2012] BCC 738, [2012] PNLR 34
Links:
Jurisdiction:
England and Wales
Citing:
Discussed – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 13 April 2022; Ref: scu.463005