Sevilleja v Marex Financial Ltd
| Jurisdiction | England & Wales |
| Court | Supreme Court |
| Neutral Citation | [2020] UKSC 31 |
| Year | 2020 |
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76 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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Tianrui (International) Holding Company Ltd v China Shanshui Cement Group Ltd
...judgment of Harman LJ in Bamford v Bamford [1970] Ch 212 and the judgment of the UK Supreme Court in Marex Financial Ltd v Sevilleja [2020] UKSC 31; [2021] AC 39. The Court of Appeal rejected that argument, holding that the shareholder's loss was separate and distinct from any loss suffe......
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Nectrus Ltd v UCP Plc
...consider 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 majori......
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9 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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Investor Unable To Claim Under Commercial Agreement Due To Rule Against Reflective Loss
...to claim damages lies with the company itself. This principle was comprehensively summarised by the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31, in which the court confirmed that it is a substantive rule of law and not merely a procedural device to prevent double recover......
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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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6 books & journal articles
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Adieu to Attribution
...case’ that a company’s creditor may sue thecompany’s sole controller for dissipating the company’s assets) (armed on a dierent point[2020] UKSC 31; [2021] AC 39).102 See Goddard, n 85 above,17.103 See ibid, 12-13.104 The liquidator argued the sale was fraudulent because he wanted the comp......
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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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Armstead v Royal Sun Alliance Insurance Company Ltd: The Interface between The Winkfield and Conarken
...r ights. See Clerk & Lindsell on Torts (London: Sweet & Maxwell, 23rd ed,2022) 16-64 and 30-41. See also Sevilleja vMarex Financial Ltd [2020] UKSC 31;[2021] AC 39 per LordReed at [7];thus O’Sullivan ibid can be seen as an unexceptional example of a case ‘in which twodierent persons, such ......
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