Sevilleja v Marex Financial Ltd
| Jurisdiction | England & Wales |
| Neutral Citation | [2020] UKSC 31 |
| Year | 2020 |
| Court | Supreme Court |
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48 cases
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Svante Kumlin v Camilla Jonsson
...from recovering losses occasioned by losses suffered by the company: Prudential Assurance v Newman (No 2) [1982] Ch 204; Marex Financial Ltd v Sevilleja [2021] AC 39. 182 They point to the First Claimant's evidence in his first witness statement at [45(4)] where he asserts that the Second C......
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Nectrus Ltd v UCP Plc
...whether permission to appeal on Ground 2 should still be granted in the light of the judgments of the Supreme Court in Sevilleja v Marex [2020] UKSC 31. I consider that permission to appeal on Ground 2 should now be refused. Reasons 1. In view of the limitation placed by the majority of the......
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Nissan Motor Company, Ltd v Carlos Ghosn
...but they have failed to plead to C1's alleged loss in the context of this alternative breach of duty claim under BVI law. 4 See Sevilleja v Marex Financial Ltd [2020] UKSC 31, esp. [108] to 5 [1949] 2 All E.R. 573 at 575, per Slade J 6 “ The secret commissions of which the Claimants curre......
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[1] Nissan Motor Company, Ltd [2] Nissan Middle East Fze v [1] Carlos Ghosn [2] Carole Nahas Ghosn [3] Beauty Yachts Pty Ltd
...but they have failed to plead to C1's alleged loss in the context of this alternative breach of duty claim under BVI law. 4 See Sevilleja v Marex Financial Ltd [2020] UKSC 31, esp. [108] to 5 [1949] 2 All E.R. 573 at 575, per Slade J 6 “ The secret commissions of which the Claimants curre......
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8 firm's commentaries
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Does The Rule Against Reflective Loss Apply To Former Shareholders? A Review Of Nectrus Ltd v UCP PLC
...CPR Part 52.30. The case considers both: (i) whether the rule against reflective loss, as considered by the USKC in Marex v Sevilleja [2020] UKSC 31 applies to former shareholders as well as to shareholders; and (ii) the 'exceptional' jurisdiction under CPR Part This Application arose in a ......
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Court Of Appeal Confirms Reflective Loss Rule Will Bar Claims Of Former Shareholders Of A Dissolved Company Because The Principle Must Be Determined At Time Of Alleged Loss
...& Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943. As a reminder, the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 confirmed that the reflective loss principle is a bright line legal rule, which prevents only shareholders from bringing a claim based on ......
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Reflective Loss And Strike Out / Summary Judgment: Burnford & Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943
...through the key cases concerning reflective loss, the leading case being the Supreme Court decision in Marex Financial Ltd v Sevilleja [2020] UKSC 31, [2021] AC 39. Lord Justice Newey summarised the following points arising out of the leading The reflective loss principle applies where a sh......
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Upon Further Reflection: Privy Council Judgment Further Clarifies Scope Of The Reflective Loss Rule
...Court's recent majority judgment in Marex Financial Ltd v Sevilleja (All Party Parliamentary Group on Fair Business Banking intervening) [2020] UKSC 31 as a starting point. It restated the law in Marex that the reflective loss rule is a rule of substantive company law, not a principle for t......
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3 books & journal articles
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Securities and Financial Services Regulation
...personal claims for reflective loss strengthens the asset partitioning effect of the company: see Sevilleja v Marex Financial Ltd [2020] UKSC 31 which majority position was adopted in Miao Weiguo v Tendcare Medical Group Holdings Pte Ltd [2021] SGCA 116. 50 Hans Tjio, “Restructuring the Bus......
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Case Note
...3 at [151]. 49 [2021] UKSC 3 at [147]. 50 Lungowe v Vedanta Resources plc [2019] UKSC 20 at [53]. 51 In Marex Financial Ltd v Sevilleja [2020] UKSC 31, the minority judges advocated the abolition of the no-reflective loss rule. See also Miao Weiguo v Tendcare Medical Group Holdings Pte Ltd ......
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Company Law
...Automobile Pte Ltd [2021] SGHC 262 at [48]. 15 [2021] 4 SLR 1407. 16 [2020] 2 SLR 1190. 17 [2022] 1 SLR 884. 18 [2007] 2 SLR(R) 597. 19 [2021] AC 39. 20 (1843) 2 Hare 461. 21 See also Samantha S Tang & Alan K Koh, “Reflective Loss and Dishonest Assistance” [2022] LMCLQ 363. 22 Shanghai Ship......