Aidan Casey QC on Reflective Loss and the applicable law conundrum

06 November 2020

Aidan Casey QC writing for Butterworths Journal of International Banking and Financial Law on the recent Supreme Court decision in Sevilleja v. Marex Financial Limited [2020] UKSC 31. 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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