Liquidators have more certainty about their ability to disclaim the environmental liabilities and responsibilities of a company in liquidation.

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

The liquidators were not bound to cause Linc to comply with the EPO from the date of the disclaimer.