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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
JurisdictionUnited Kingdom
Year2021
StatusPersuasive authority

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

Related Cases

Broadcasting Investment Group Ltd v Smith [2021] EWCA Civ 912
Nectrus Ltd v UCP Plc [2021] EWCA Civ 57
Sevilleja v Marex Financial Ltd [2020] UKSC 31

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