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13 August 2009
Issue: 7382 / Categories: Features , LexisPSL , Professional negligence
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Netting the fraudsters

How exposed are auditors post Stone Rolls? asks Malcolm Dowden

The narrow majority ruling of the House of Lords in Stone & Rolls Ltd (in liq) v Moore Stephens (a firm) [2009] UKHL 39, [2009] All ER (D) 330 (Jul) leaves auditors potentially exposed to negligence claims for failure to spot fraudulent conduct in anything other than “one man companies” or small businesses controlled by individuals or families.

It upheld the striking out of a claim against the auditor of a company that had been used as the vehicle for fraudulent transactions involving false letters of credit.

Although brought by the liquidator in the name of the company, the claim was funded by a third party for victims of the fraud.

The company, along with its sole shareholder and “directing mind”, was sued by the principal victim of the fraud.

Neither the shareholder nor the company could satisfy that judgment, and so a claim was brought against the auditors. The claim was to recover losses, amounting to £89m, incurred because the auditors—allegedly in breach of

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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