It's All In The Timing: Bringing claims under SPA tax indemnities and W&I insurance - A review of the decision in Minera v Glencore By Richard Highley, Leanne Rogers, John Dunlop In this article, we comment on issues arising in claims for tax losses under SPAs and W&I…
Limitation and tax advice - not a simple matter of counting years By Richard Highley, We have reported in the past (see here ) on when limitation periods begin in negligence actions…
Plus ça change at the FRC? - the new accounting regulator starts to take shape By Richard Highley, Last year’s Kingman Report into the future of audit in the UK, and of the Financial Reporting…
Court of Appeal clarifies new test for dishonesty in accountant's accessory liability case By Richard Highley, Parminder Badhan In a key decision of the Court of Appeal, an accountant was found to have dishonestly assisted…
Accountancy newsletter - July 2019 By Richard Highley, Kevin Hawthorn, Francesca Muscutt DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
SPA disputes and W&I Insurance: Guidance on contractual notification clauses, fair disclosure and calculating damages By Richard Highley, Francesca Muscutt 116 Cardamon Limited v MacAlister [2019] EWHC 1200 (15 May 2019) This recent English High Court…
Key issues in SPA disputes and W&I reviewed following the High Court decision in Triumph By Richard Highley, Leanne Rogers, In March, the High Court handed down its judgment in Triumph Controls UK Limited & others v…
Measuring damages for SPA breach of warranty and what this means for W&I insurance By Richard Highley, Leanne Rogers, In a decision of interest to commercial litigators and W&I insurers, the recent case of…
Accountancy Newsletter March 2019 By Richard Highley, Giles Hindle, Naomi Park, , Francesca Muscutt, Tim Ryan, , Rebecca Smith, Suzanne Wharton, DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
The Disclosure Pilot Scheme - implications for professional defendants By Richard Highley, Francesca Muscutt On 1 January 2019, a two year disclosure pilot came into effect in the Business and Property Courts…
FRC v Sports Direct International Plc ("Sports Direct"): the latest regulatory challenge on privilege By , Richard Highley
The Hopkinson decision: Should W&I insurers take an interest in SPA notification provisions? By Richard Highley Introduction Parties to Share Purchase Agreements (‘SPAs’) increasingly buy Warranty &…
SFO v ENRC appeal – implications for directors and SFO/FCA investigations By Richard Highley, In a highly anticipated decision, the Court of Appeal in Director of the Serious Fraud Office v…
"Maxwellisation" and the FRC By Richard Highley, It is a fundamental legal principle in regulatory investigations that " a person be given a fair…
SFO v ENRC appeal – implications for FRC investigations By Richard Highley, In a highly anticipated decision, the Court of Appeal in Director of the Serious Fraud Office v…
Accountancy Newsletter September 2018 By Richard Highley, Kevin Hawthorn, Naomi Park DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
A favourable decision on litigation privilege and regulatory investigation - ENRC reconsidered in Bilta By Richard Highley, Francesca Muscutt In the recent decision of Bilta (UK) Ltd (in Liquidation) v RBS , the English High Court revisited…
A favourable decision on litigation privilege and regulatory investigation - ENRC reconsidered in Bilta By Richard Highley, Francesca Muscutt In the recent decision of Bilta (UK) Ltd (in Liquidation) v RBS , the English High Court revisited…
FRC’s sanctions under review By Richard Highley The Independent Committee appointed to review FRC sanctions policies has produced its report…
Accountancy Newsletter March 2018 By Richard Highley, Francesca Muscutt, Suzanne Wharton, Naomi Park, Christopher Stoate DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Singularis v Daiwa - a detailed examination of the illegality defence By Richard Highley The decision of Mrs Justice Rose in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd…
Crypto Currencies, Crowdfunding and Litigation Funders: costs recovery against non-party funders By Richard Highley In terms of professional negligence claims, accountants and in particular auditors have benefited…
Accountancy Newsletter October 2017 By Richard Highley, Ross Risby, Suzanne Wharton, Rhiannon Webster, Francesca Muscutt, Gareth Robinson, , William Naylor DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Tax Advisers win limitation arguments in Professional Negligence claim By Richard Highley, Halsall v Champion Consulting Ltd is another in a line of cases emphasising the difficulties…
SFO v ENRC - Privilege and Criminal and Regulatory investigations By Richard Highley The judgment of Mrs Justice Andrews handed down on 8 May 2017 in SFO v Eurasion Natural Resources…
Duty of care - the real price of mates' rates in the provision of professional services By Richard Highley In Lejonvarn v Burgess , we have another case where a court has found that a professional, who…
No duty, no loss, no claim - it couldn't be clearer…could it? By Richard Highley Swynson Ltd v Lowick Rose The Supreme Court found the claimants' loss had been extinguished in…
Accountancy Newsletter May 2017 By Richard Highley, Ross Risby, Suzanne Wharton, Naomi Park, Rebecca Smith, Sarah Crowther, Hannah Gregory, Declan Finn, Dan Preddy DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Another chapter in the courts' application of the illegality defence: considered in Tchenguiz & Others v Grant Thornton & Others (1) By Richard Highley On 16 December 2016, the High Court handed down a summary judgment in Tchenguiz & Others v…
The Court of Appeal reviews the Loss of Chance doctrine By Richard Highley, Francesca Muscutt The Court of Appeal has reviewed the loss of chance doctrine in two recent decisions…
Accountancy Newsletter February 2017 By Richard Highley, Ross Risby, Suzanne Wharton, Naomi Park, Francesca Muscutt, Rebecca Smith DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Another chapter in the courts' application of the illegality defence: considered in Tchenguiz & Others v Grant Thornton & Others By Richard Highley On 16 December 2016, the High Court handed down a summary judgment in Tchenguiz & Others v…
D&O and Financial Institutions Newsletter - Winter 2017 By William Allison, Pippa Ellis, Richard Highley, Francesca Muscutt, Declan Finn, Graham Ludlam, Anthony Menzies, Jonathan Brogden DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
Hello Regulator, goodbye privilege? By Richard Highley As any professional will know, the regulation of professionals, particularly those in finance, has…
Worth a gamble? Our analysis of the first court approved contingency fee agreement By Richard Highley In Bolt Burdon v Tariq & Ors [2016] , we have the first case where a court has approved, and…
The Illegality Defence – the new battleground (Accountants) By Richard Highley, Pippa Ellis In July 2016, a nine justice panel of the Supreme Court handed down judgment in Patel v Mirza…
Accountancy Newsletter October 2016 By Richard Highley, Pippa Ellis, Martin Langley, Kevin Hawthorn, Giles Hindle, Ross Risby, Beverley Atkinson DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Tackling boardroom excess: the new criminal offence for corporates failing to prevent tax evasion By Richard Highley Theresa May is expected to push ahead with David Cameron's plans to hold companies criminally…
The Illegality Defence – the new battleground (D&O Insurance) By Richard Highley, Pippa Ellis In July 2016, a nine justice panel of the Supreme Court handed down judgment in Patel v Mirza…
D&O and Financial Institutions Newsletter - Autumn 2016 By William Allison, Pippa Ellis, Richard Highley, Francesca Muscutt, Beatriz Rodríguez, Declan Finn, Graham Ludlam DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
In-depth analysis: Regulation: return of the principles By Richard Highley, Mathew Rutter It has become a truism that the regulatory agenda is constantly evolving…
Auditors ordered to disclose confidential documents in unfair prejudice dispute By Richard Highley In Destiny Investments (1993) Ltd and another v TH Holdings Ltd and another [2016] the High Court…
Acceleration of the new criminal offence for corporates failing to prevent tax evasion By Richard Highley On 11 April 2016, David Cameron announced that the government "will legislate this year to hold…
Insured vs. Insured exclusions in post-insolvency claims By Richard Highley A common query with D&O insurance coverage is whether post-insolvency claims against the…
Accountancy Newsletter July 2016 By Richard Highley, Naomi Park, Suzanne Wharton, Hans Allnutt, Ross Risby, Mathew Rutter DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Accountancy Newsletter March 2016 By Richard Highley, Francesca Muscutt, Kevin Hawthorn, Giles Hindle, Martin Langley, Naomi Park, Suzanne Wharton, Ross Risby, Julian Miller FRC set to gain new powers in June The accountancy regulator, the Financial Reporting…
FRC set to gain new powers in June By Richard Highley The accountancy regulator, the Financial Reporting Council (FRC), will gain new powers in June 2016…
Accountancy Newsletter February 2015 By Richard Highley, Ross Risby, Julian Miller DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
In a bind: Non-party costs orders against Directors By Richard Highley It is not often the courts make non-party costs orders against directors…
Illegality defence: The position of directors considered – the latest from the Court of Appeal By Richard Highley In Sharma v Top Brands Ltd [2015] EWCA Civ 1140 , the Court of Appeal refused to allow a former…
No continuing contractual duty to correct investment advice By Pippa Ellis, Richard Highley The recent High Court decision in Worthing and Another v Lloyds Bank Plc [2015] EWHC 2836 (QB) ,…
Illegality defence remains uncertain - the latest from the Court of Appeal By Richard Highley This month in Sharma v Top Brands Ltd [2015] EWCA Civ 1140 the Court of Appeal has again been asked…
Hacked off? Accountants increasingly being targeted by hacking scams By Richard Highley Recently we have seen an increase in professionals who hold client money being targeted by hacking…
Accountancy Newsletter December 2015 By Richard Highley, William Naylor, Giles Hindle, Julian Miller, Pippa Ellis, Patrick Hill, Declan Finn, Ross Risby, Suzanne Wharton DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Duties Of Nominee Directors faced with fraud By Richard Highley The Privy Council's decision in Central Bank of Ecuador and IAMF v Conticorp SA and others …
Court of Appeal finds accountants liable to a lender for the full amount of a loan, despite significant loan repayments By Richard Highley This recent Court of Appeal decision Swynson Ltd v Lowick Rose LLP highlighted again the importance…
FRC dishonesty decisions By Richard Highley The Financial Reporting Council is the independent disciplinary body for the accountancy and…
Accountancy Newsletter September 2015 By Richard Highley, Ross Risby, Julian Miller, Suzanne Wharton, Giles Hindle DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
The Financial Reporting Council and MG Rover – a dose of reality injected into the sanctions regime? By Richard Highley Since reforms were introduced at the FRC in 2012, there has been a marked step change in the…
Jetivia v Bilta By Richard Highley Supreme Court decision in Jetivia SA and another (Appellants) v Bilta (UK) Limited and others…
Accountancy Newsletter June 2015 By Richard Highley, Naomi Park, Julian Miller, Giles Hindle, Ross Risby DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
'Illegality Defence' will not protect rogue directors By Richard Highley The Supreme Court has delivered its long-awaited judgment in Jetivia SA and another (Appellants) v…
Court Fees to increase from 9 March 2015 By Andrew Parker, Richard Highley The Ministry of Justice (MOJ) has announced increases to the court fees charged on civil claims…
The Financial Reporting Council – insurance issues By Richard Highley The Financial Reporting Council has a number of functions in respect of the financial professions,…
Standard of care and loss of a chance By Richard Highley A recent decision in the High Court case of Altus Group (UK) Ltd [2015] has provided useful…
DAC Beachcroft D&O and FI Newsletter - December 2014 By Richard Highley DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
US Securities Litigation: Foreign Plaintiff Claims, to the Power of Four By Richard Highley A Texan judge, Judge Ellison, who is presiding over a number of class actions against BP Oil…
Accountancy Newsletter November 2014 By Richard Highley, Julian Miller, John Dunlop, Dan Preddy, Paul Davison, Ian McConkey, Ross Risby, Marcus Campbell DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Corporate insolvency trends – and impact on auditors By Richard Highley, Ross Risby As the graph indicates, the latest figures published in July 2014 show that company insolvencies…
HMRC's tax avoidance campaign – update By Richard Highley, Julian Miller The subject of tax avoidance, and HMRC's new powers to recover disputed tax, is rarely out of the…
When does limitation begin to run in tax cases? By John Dunlop, Richard Highley, Dan Preddy The subject of tax avoidance, and HMRC's new powers to recover disputed tax, is rarely out of the…
Costs: when you get them and when you do not; the latest decision in the post-Jackson era By Richard Highley In a recent judgment, Keyser J has provided some much needed guidance on the application of costs…
DAC Beachcroft Accountancy Alert: Shelter behind the corporate veil in Swynson Ltd and Hunt v Lodwick Rose (HMT) - July 2014 By Richard Highley Mr Hunt the Second Claimant is/was an investor in small businesses, particularly those who are…
Insurance Adviser Alert: Court of Appeal clarifies Mitchell guidance By Richard Highley, Ross Risby The Court of Appeal has set out a new three stage test to be applied by courts considering…
Accountants: Scope of duty - Referral to specialist By Richard Highley This Court of Appeal's decision will be of interest to the Professional Indemnity community…
