header-logo header-logo

24 February 2011 / Nick Bird , Andrew Williamson
Issue: 7454 / Categories: Features , Regulatory
printer mail-detail

Limiting liabilities

Nick Bird & Andrew Williamson welcome clarification of the duty professionals owe their clients

The decision in Haugesund Kommune and another v Depfa ACS Bank [2011] EWCA Civ 33, [2011] All ER (D) 226 (Jan) will come as a relief to law firms that advised local authorities or banks entering into complex financial deals before the economic downturn. It is also good news for solicitors generally, as it shows that the Court of Appeal is prepared to apply strictly the principles laid down in South Australia Asset Management Corporation v York Montague & Ors [1997] AC 191, [1996] 3 All ER 365 (SAAMCo) in order to limit a solicitor’s liability for losses that fall outside the scope of their duty.

Background

Depfa entered into swap agreements with two Norwegian local authorities, Haugesund and Narvik (the Kommunes), in 2004 and 2005. It advanced a capital sum to the Kommunes which in turn agreed to make fixed quarterly payments for the duration of the swaps together with a “bullet” repayment of the outstanding interest and

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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.

back-to-top-scroll