Source: All England Reporter
Publisher Citation: [2002] All ER (D) 233 (Oct)
Neutral Citation: [2002] EWCA Civ 1428
Court: Court of Appeal, Civil Division

Waller, Chadwick and Keene LJJ

Representation George Bompas QC and Sharif Shivji (instructed by Lamb Brooks, Basingstoke) for the claimant.
  Paul Greenwood (instructed by Douglas Wemyss, Leicester) for the defendant.
Judgment Dates: 17 October 2002


Damages and compensation - Assessment of damages - Damages for breach of shareholders' covenants - Proceedings against defendant discontinued by company - Recoverability of shareholder's damages.

The Case

A judge had erred in ruling that a claimant could not recover damages in an action against the defendant for breach of shareholders' covenants on the basis that his claim was purely reflective of the loss of the company, which had discontinued its action against the defendant. Part of the claimant's loss was not reflective, and he should not be precluded from claiming under the other heads of damage since it was the defendant who had disabled the company from pursuing its claim.

Practice Areas

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