“…t to strike out the claim on the basis that it was barred by the “reflective loss” principle considered by the Supreme Court in Marex Financial Ltd v Sevilleja [2020] UKSC 31, [2021] AC 39 (“Marex”). There is also an issue as to the implications of a settlement agreement (“the Settlement Agreement”) concluded on 22 December 2020 bet…”
“…Following the PTA decision, the Supreme Court’s decision in Marex v. Sevilleja [2020] UKSC 31, [2021] AC 39 (Marex SC) was handed down on 15 July 2020, reversing Marex CA. On 17 July 2020, Nectrus’ solicitors wrote to the Civil Appeals Office (the 17 Ju…”
“…application of the reflective loss principle, since that is now recognised as being confined to companies and shareholders: Marex Financial Limited v Sevilleja [2020] UKSC 31, [2021] AC 31. But where a duty is owed not only to the trustee but also to the beneficiary and the beneficiary suffers a loss, the beneficiary can also have t…”
“… direction to consider whether permission to appeal on Ground 2 should still be granted in the light of the judgments of the Supreme Court in Sevilleja v Marex [2020] UKSC 31. I consider that permission to appeal on Ground 2 should now be refused.…”