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malicious prosecutionreflective lossmisfeasance in public office
Breeze v Chief Constable of Norfolk
[2025] EWHC 2684 (KB)
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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