- Cited — FS Cairo (Nile Plaza) LLC v Brownlie 2020-07-29
“…part, counsel for Lady 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 i…”
- Cited — FS Cairo (Nile Plaza) LLC v Brownlie 2020-07-29
“…pically the claimant) will accordingly be required to plead and prove its content. That point was first clearly identified by this Court in Shaker v Al-Bedrawi [2002] EWCA Civ 1452, [2003] Ch…”
- Cited — AIG Financial Products Corp & Ors v Gruber & Ors 2020-01-24
“…pany cannot pay dividends 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.…”
- Considered — Garcia v Marex Financial Ltd 2018-06-26
“…y. He rejected that submission, 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 c…”