header-logo header-logo

The escape of the auditors

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

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: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll