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Sevilleja v Marex Financial Ltd

[2020] UKSC 31
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2020
StatusBinding authority

Summary

The reflective loss principle absolutely bars shareholders from recovering for diminution in share value caused by wrong done to the company; only the company may sue for that loss.

Key Principle

No reflective loss principle: shareholders cannot recover for diminution in share value caused by loss to the company. Only the company can sue for its own loss. Rule is absolute, not discretionary.

Area of Law

company

Related Cases

Shafron v Australian Securities and Investments Commission (2012) 247 CLR 465

A company secretary is an 'officer' under the Corporations Act and owes a duty of care and diligence under s 180 in performing their functions.

Bell Group Ltd (in liq) v Westpac Banking Corporation [2012] WASCA 157

Directors of an insolvent company owe duties to creditors, and bank claims may be subordinated where unconscionable conduct is established in dealings with the insolvent company.

Barclay v Penberthy (2012) 246 CLR 258

The standard of care under s 180 of the Corporations Act is that of a reasonable person in the director's position, having regard to the corporation's circumstances and the director's office.

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