Articles - DAC Beachcroft

Articles

May 2017

Contractual interpretation: It doesn't have to make sense

Contractual interpretation: It doesn't have to make sense

In a recent article published by Solicitors Journal, Matthew Wescott and John Bramhall consider the obstacles in the way of those seeking to persuade ...

Roberts v Johnstone: in a time of negative discount rate

Roberts v Johnstone: in a time of negative discount rate

The recent change in the discount rate from 2.5% to -0.75% will have many consequences, not only through the need for reserves to be increased to refl ...

Challenging the Financial Ombudsman Service - the fair and reasonable test

Challenging the Financial Ombudsman Service - the fair and reasonable test

Early 2017 has seen two judicial review challenges to the Financial Ombudsman Service (FOS).  These cases turn on the FOS's jurisdiction to determine ...

SFO v ENRC - Privilege and Criminal and Regulatory investigations

SFO v ENRC - Privilege and Criminal and Regulatory investigations

The judgment of Mrs Justice Andrews handed down on 8 May 2017 in SFO v Eurasion Natural Resources Corporation Ltd ("ENRC") has proven to be controvers ...

When professional duties go beyond the terms of engagement

When professional duties go beyond the terms of engagement

The recent High Court case of Denning v Greenhalgh Financial Services Limited held that the extent of the defendant's duty was determined by the terms ...

Channon v Ward: A contrived claim and a refreshing result

Channon v Ward: A contrived claim and a refreshing result

The decision in Channon v Ward is an important reminder for accountants and other professionals to ensure that their work falls within the confines of ...

Good news for all professionals - Supreme Court guidance on scope of duty

Good news for all professionals - Supreme Court guidance on scope of duty

BPE Solicitors v Hughes-Holland [2017] UKSC 21 In BPE Solicitors v Hughes-Holland the Supreme Court has provided important clarification on the loss a ...

Duty of care - the real price of mates' rates in the provision of professional services

Duty of care - the real price of mates' rates in the provision of professional services

In Lejonvarn v Burgess, we have another case where a court has found that a professional, who provided friends with professional services gratuitously ...

No duty, no loss, no claim - it couldn't be clearer…could it?

No duty, no loss, no claim - it couldn't be clearer…could it?

Swynson Ltd v Lowick Rose The Supreme Court found the claimants' loss had been extinguished in this accountant's negligence claim. In doing so, it has ...

Corporate offences under the Criminal Finance Act 2017: implications for accountants and tax advisors

Corporate offences under the Criminal Finance Act 2017: implications for accountants and tax advisors

Having received Royal Assent at the end of April, the Criminal Finances Act 2017 (the "Act") is expected to come into force this autumn. The Act will ...