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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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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