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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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