Nectrus Ltd v UCP PLC

Nectrus Ltd v UCP PLC

The application to reopen the refusal of permission to appeal fails because there was no breach of natural justice, the process was not critically undermined, and the rule against reflective loss does not apply to ex-shareholders. The application was also not made promptly and does not meet the exceptional threshold required by CPR 52.30.

Parties
Applicant: Nectrus Ltd; Respondent: UCP PLC
Jurisdiction
England and Wales
Judgment Date
21 January 2021
Procedural Posture
Civil / Application to Reopen Refusal of Permission to Appeal Under CPR 52.30
Outcome
Application dismissed
Legal Topics
Reflective Loss, Reopening Appeals, Shareholder Claims, Finality of Litigation
Civil Procedure Company Law Reflective Loss Reopening Appeals Shareholder Claims Finality of Litigation

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Parties

Nectrus Ltd

Applicant

UCP PLC

Respondent

Procedural Posture

Civil / Application to Reopen Refusal of Permission to Appeal Under CPR 52.30

Legal Issues

  1. 1 Whether the refusal of permission to appeal should be reopened under CPR 52.30
  2. 2 Whether the rule against reflective loss applies to ex-shareholders' claims
  3. 3 Whether there was a breach of natural justice in the refusal of permission to appeal

Ratio Decidendi

The application to reopen the refusal of permission to appeal fails because there was no breach of natural justice, the process was not critically undermined, and the rule against reflective loss does not apply to ex-shareholders. The application was also not made promptly and does not meet the exceptional threshold required by CPR 52.30.

Court Disposition

Application dismissed

Orders

  • Application under CPR 52.30 to reopen refusal of permission to appeal is dismissed.