REUTERS | Jason Redmond
August 9, 2018

Manchester Building Society v Grant Thornton UK LLP: how far are professionals liable for the consequences of their advice?

In Manchester Building Society v Grant Thornton UK LLP, the Commercial Court held that the defendant, a firm of accountants, was not liable for substantial losses suffered on unprofitable transactions which had been entered into as a consequence of advice received from the defendant, even though the losses were foreseeable and caused by the negligent advice. The negligent advice received concerned how the transactions should be accounted for. An appeal is due to be heard by the Court of Appeal in January 2019. Continue reading →

REUTERS | Jon Nazca
August 3, 2018

Fixed costs and accepting a Part 36 offer: Hislop v Perde

Fixed costs (and how to avoid them) have been a hot topic in recent months. Earlier this year, in Bratek v Clark-Drain Ltd, the High Court found that it was not possible to contract out of the fixed costs regime attaching to the Road Traffic Accident (RTA) and Employers’ Liability/Product Liability (EL/PL) protocols by providing for standard basis costs in a consent order. This followed a pattern of evolving fixed costs jurisprudence which was sought to limit avenues to disapply fixed costs and allow a receiving party to have their costs assessed. Continue reading →