header-logo header-logo

14 August 2008 / Alexandra Underwood
Issue: 7334 / Categories: Features , Commercial
printer mail-detail

The escape of the auditors

Can auditors be held liable for third party losses resulting from company fraud? Alexandra Underwood

In Moore Stephens v Stone & Rolls Limited [2008] EWCA Civ 644 the Court of Appeal considered the principle that a claim cannot be founded on an illegal act. The issue was whether the principle provided a defence to a claim brought by a company involved in a fraud, against a third party, in respect of losses suffered as a result of the fraud. Stone & Rolls sued its auditors in professional negligence for failing to detect and report a fraud orchestrated by the company's managing director. Moore Stephens applied to strike out the claim on the grounds that Stone & Rolls relied on its own fraud in bringing the claim.

Stone & Rolls was owned, controlled and managed by its managing director, Mr Stojevic. In a separate action brought by the victim of the fraud, the company and its managing director were found liable for a fraud of USD 94.5m committed by Stojevic using Stone & Rolls

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll