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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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