In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited,1 the Court of Appeal helpfully summarised the justifications for the English law rule against claims for reflective loss and confirmed that the rule applies equally to unsecured creditors of a company as it does to shareholders.
Highlights
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Dechert LLP, Unsecured debt, Court of Appeal (England and Wales)
We know this publication is about dispute resolution, but what we really want to talk about in this article is avoiding insolvency and bankruptcy disputes.
“If Only You Had Come to Us Sooner”
Canada, Insolvency & Restructuring, Borden Ladner Gervais LLP, Bankruptcy, Board of directors, Debt, Dispute resolution, Liquidation, Cashflow, Bankruptcy and Insolvency Act 1985 (Canada), Chief financial officer