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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 their duty of care—failed to spot and report the fraudulent

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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