Aidan Casey QC writing for Butterworths Journal of International Banking and Financial Law on the recent Supreme Court decision in Sevilleja v. Marex Financial Ltd  UKSC 31 in “Reflective loss and the applicable law conundrum”.
This case has focused the spotlight on the scope – and limitations – of the English rule against reflective loss. Whilst much of the common law world has adopted a reflective loss rule, the rule – and particularly the English version of it – is far from universally recognised in other jurisdictions.
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May 20, 2021