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24 February 2011 / Nick Bird , Andrew Williamson
Issue: 7454 / Categories: Features , Regulatory
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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 principal at the end of the fixed period.

Depfa obtained

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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