“… Brownlie acknowledged that the rule was not universally applicable, but subject to exceptions, as this Court held in Shaker v Al-Bedrawi [2002] EWCA Civ 1452, [2003] Ch 350 at [64]-[68] (Peter Gibson LJ giving the judgment of the Court). For example, the rule is not applicable to claims for infringement of foreign intellectual pro…”
“…nds out of capital as a universal principle of company law. He relied upon [71] of the judgment of Peter Gibson LJ in Shaker v Al-Bedrawi [2002] EWCA Civ 1452; [2003] Ch 350 to which David Richards LJ had referred the parties during the course of argument.…”
“…bmission, as had Blackburne J, on the basis that it had been considered and rejected in the decision of this Court in Shaker v Al-Bedrawi [2002] EWCA Civ 1452; [2003] Ch 350, that a claim by a beneficiary against a trustee for breach of fiduciary duty can be barred by the rule against reflective loss. He went on to conclude at [49]…”