Reflective loss


In United Kingdom company law, reflective loss is the loss of individual shareholders that is inseparable from general loss of the company. The rule against recovery of reflective loss states that there should be no double recovery, so a shareholder can only bring a derivative action for losses of the company, and may not allege suffering a loss in a personal capacity for a personal right.
Reflective loss extends beyond the diminution of the value of the shares; it extends to the loss of dividends and all other payments which the shareholder might have obtained from the company if it had not been deprived of its funds. All transactions or putative transactions between the company and its shareholders must be disregarded.
In the Supreme Court of the United Kingdom restricted the doctrine, but disapproved many of the statements made previously in Johnson v Gore Wood & Co, describing Lord Millet's speech in particular as a "wrong turn". Commentators have indicated of the decision is Sevilleja: "The importance of the decision cannot be overstated."

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