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10@12 Series : The “reflective loss” defence: practice, pitfalls and recent developments

The rule against reflective loss is a frequent trap for unwary claimants in commercial disputes. Knowing when it applies and how to deal with it is of paramount importance for the commercial litigator. Practitioners must also be alive to recent developments: since the rule was authoritatively re-stated in Marex v Sevilleja, a series of decisions have raised further difficult issues as to its scope and application. In this 10@12 Webinar, Andrew Thompson KC and Tom Hall will demystify the rule, provide an update on the present position and give practical guidance to litigators in spotting (and avoiding) some important pitfalls.

10 points that will be covered :

1.In a nutshell, what is the rule against reflective loss?

2.How has the law got to where it is?

3.Where do we look now to find the current position?

4.What are the key ingredients of the rule today?

5.Why does the rule exist?

6.What kinds of loss engage the rule?

7.What is the relevant time for assessing whether it applies?

8.How, in practical terms, does a defendant deploy the defence?

9.How should a claimant proceed when the rule may be engaged?

10.Where the rule precludes a direct claim, what alternative claims can be made?

Andrew Thompson KC
Tom Hall