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United Kingdom malicious prosecutionreflective lossmisfeasance in public office

Breeze v Chief Constable of Norfolk

[2025] EWHC 2684 (KB)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, King's Bench Division
Year2025
StatusPersuasive authority

Key Principle

A shareholder/director cannot recover losses (such as diminution in the value of shareholdings and dividends) that merely reflect loss suffered by the company under the reflective loss principle, and following Sevilleja v Marex Financial Ltd the so-called Giles v Rhind exception no longer survives, so claims dependent on that exception fall to be struck out even where pleaded as malicious prosecution and misfeasance in public office against a police force.

Area of Law

General

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