“…At [43] the judge concluded that it was not necessary to have resort to the exception to the rule recognised by this Court in Giles v Rhind [2003] Ch 618 where the alleged wrongdoing has left the company unable to pursue the wrongdoer. In the Respondent’s Notice, Marex seeks to uphold the judgment on the alterna…”
“…ration of whether the rule against reflective loss does not apply, because this is a case where the exception recognised in Giles v Rhind [2002] EWCA Civ 1428; [2003] Ch 618 applies. The judge did not consider it necessary to consider the exception in the light of his conclusion that the rule against reflective loss did not apply t…”