The Rule Against Reflective Loss - What Does it Really Mean for Shareholders?

Introduction

When a company suffers loss, it can sue for damages. But what happens when the company does not sue?

Can a shareholder ever directly sue a third party for a wrong done to the company?

This webinar will distil a series of complex judgments from the courts on when shareholders may - and may not - pursue claims against third parties for losses. It will also consider the practical steps that claimants can take to seek redress when faced with the rule against reflective loss.

What You Will Learn

This webinar will cover the following key points:

• What is the rule against reflective loss?
• Recent case law and the six conditions for a claim to be barred by the rule against reflective loss
• Reflective loss and indirect shareholders (i.e. shares held via intermediary companies)
• The rule against reflective loss and former shareholders
• The date at which any loss must be assessed

Practical considerations for advising shareholders:

• The key considerations for shareholders if a company fails to pursue a claim
• Principal grounds for arguing that the rule against reflective loss does not apply
• When can shareholders bring or continue to bring a claim on behalf of the company?

This webinar was recorded on 19th January 2023

You can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.