20/07/2020

Marex v Sevilleja in the Supreme Court: new problems and new solutions

David Lewis QC and Richard Greenberg (Twenty Essex) will be joined by Philip Jones (Mackrell) to discuss the important Supreme Court judgment of Marex Financial Ltd v Sevilleja [2020] UKSC 31. David, Richard and Philip all acted for the Respondent.

The decision has provided a solution to the long-standing and controversial question as to the scope of the “reflective loss” principle. It is now clear that the principle does not apply at all to claims by creditors (whether they are also shareholders or not). But the Supreme Court’s solution to this issue has raised some problems of its own and certain aspects of the law remain in a state of uncertainty.

Event details

Thursday 23 July 2020 | 11:00 – 11:40 (BST)

The webinar will cover:

• A helpful overview of the judgment.
• The key benefits of the decision, in particular the way in which the law has been narrowed and simplified.
• Some of the potential problems arising out of the judgment, as well as possible solutions to those problems, including:
• The precise boundaries of the principle as clarified and whether there can now be workaround solutions for shareholders.
• Unresolved questions as to how to address competing claims and avoid double recovery.
• Problems relating to the conflicts of laws and the position in other jurisdictions.

Speakers: David Lewis (Twenty Essex), Richard Greenberg (Twenty Essex), Philip Jones (Mackrell).

Read the bulletin written by David and Richard last week.

Watch the webinar recording

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