Jurisdiction(s):
United Kingdom

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Key definition

Scope definition

What does Scope mean? Scope (often called the scope of works) describes, in construction and engineering practice, the package of work the contractor must perform and any constraints or methods required. It is not defined by legislation and has no universal legal meaning; its content is contractual and is interpreted using ordinary principles of contract construction across England & Wales, Scotland, Northern Ireland and Ireland. In the NEC4 suite, Scope (capitalised) is a defined term that specifies and describes the work the Contractor is to undertake and any constraints on how it Provides the Works, for example required standards, design responsibility, performance criteria,...

Reflective loss in company litigation: the post-Marex rule, exceptions, leading cases and practical strategies for claimants and defendants

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores the contours of the reflective loss rule. It reviews the history and effects of the bar on reflective loss, pointing to the leading authorities that shaped it, namely Prudential Assurance v Newman Industries, Johnson v Gore Wood, Giles v Rhind and Marex v Sevilleja. It also highlights practical points sensibly borne in mind if you act for a shareholder and/or are engaged in a claim where the rule could be relevant.

Summary of the rule against reflective loss

The rule traces its origin to the principle in Foss v Harbottle: ie, where an actionable wrong is done to a company, the company is the proper Claimant to recover any loss caused by that wrong. Put another way, where a duty owed to a company is breached and the company suffers loss, only the company may bring proceedings in respect of that loss. The proposition that reflective loss is irrecoverable was first stated expressly in Prudential. In Marex, Lord Reed concluded that Prudential had, in effect, articulated a rule of company...

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Web page updated on 21/05/2026

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