“…question of law at this stage. This will increase certainty in this area of the law and address the concern expressed by Arden LJ in Johnson v Gore Wood (No 2) [2003] EWCA Civ 1728 at [162] that: “it is to be hoped that the current will o’ the wisp character of the no reflective loss principle will be clarified before long”.…”
“…hether the rule against reflective loss should be restricted to claims made by shareholders was touched on by the Court of Appeal in Johnson v Gore Wood (No 2) [2003] EWCA Civ 1728. At [162] of her judgment, Arden LJ noted that Lord Millett had considered that the rule should apply to non-shareholder claims. As she said: “This result woul…”