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United Kingdom
Leading Case
companyshareholder rightsreflective loss
Primeo Fund v Bank of Bermuda (Cayman) Ltd and another (Cayman Islands)
[2021] UKPC 22
Key Principle
The reflective-loss bar is assessed at the time the loss is suffered, not when proceedings are brought. A shareholder cannot escape the bar by later selling the shares. Nectrus Ltd v UCP [2021] EWCA Civ 57 was wrongly decided on that timing point (Lord Reed, [61]). Subsequent English CA authority follows Primeo on timing (Burnford v Automobile Association Developments Ltd [2022] EWCA Civ 1943).
Area of Law
company
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