||All England Reporter
|| All ER (D) 233 (Oct)
|| EWCA Civ 1428
||Court of Appeal, Civil Division
Waller, Chadwick and Keene LJJ
||George Bompas QC and Sharif Shivji (instructed by Lamb Brooks, Basingstoke) for the claimant.
||Paul Greenwood (instructed by Douglas Wemyss, Leicester) for the defendant.
||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.
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.
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