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25 June 2021
Issue: 7938 / Categories: Legal News , Profession , Professional negligence
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Auditor sued for hedge accounting losses

An auditor has been found to owe £13.4m, in a landmark Supreme Court decision on professional negligence and scope of duty
In Manchester Building Society v Grant Thornton [2021] UKSC 20, the court held the defendant Grant Thornton’s negligent advice resulted in the claimant deciding to enter long-term interest rate swaps or hedge accounting in the run-up to the 2008 financial crash.

The ruling overturned the Court of Appeal’s judgment that the defendant was only responsible for the foreseeable financial consequences of the advice being wrong.

The decision signals an intensifying focus on the duties owed by accountants, and is ‘a reminder that the courts and regulators expect more from them than a box ticking approach,’ according to Janine Alexander, partner, Collyer Bristow.

‘Auditors and their insurers should not assume that the full extent of losses caused by unexpected extreme market forces cannot be laid at their door―the Supreme Court has confirmed that it will all depend on the nature of the particular error made and its connection to the loss. This case is an example of one where the link was sufficiently close to justify liability notwithstanding the severe impact of the global financial crisis on the loss-making transactions.

‘The same will apply to losses incurred in the context of market disruption caused by COVID-19.’

Browne Jacobson senior associate Nicholas Saunders said: ‘While the defendant was not responsible for the decision to enter into the relevant swaps (a pure “advice” scenario), as a matter of fact it also understood that its advice was needed and would be relied upon for this purpose.’

Alain Orengo, partner, Plexus Law said the judgment provided guidance ‘in particular, in identifying the purpose to be served by the defendant’s duty, as well as the important distinction between a professional giving “advice” or providing “information”.

‘While this outcome is unlikely to produce a raft of claims, the decision has a potential for wide application and is likely to be scrutinised by financial professionals, particularly within the auditing sector, and their insurers.’

MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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