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Professional negligence update

Spike Charlwood reviews Equitable Life v Ernst & Young; Raja v Austin Gray; and Koch Shipping


11 April 2003

The big accountants’ negligence case of the moment is the claim against Ernst & Young by Equitable Life. I ended the last of these updates ((2002) 146 SJ 957) by noting Ernst & Young had failed to persuade the Divisional Court to stay a Joint Disciplinary Scheme investigation until after the conclusion of civil proceedings against them (R (Land) v The Executive Counsel of the Joint Disciplinary Scheme [2002] EWHC 2086 (Admin)). Much better news for the defendants came in The Equitable Life Assurance Society v Ernst & Young (10 February 2003). There the majority of the civil claim, put at over £3bn, was struck out by Langley J. Inevitably with a claim of this size, the decision is being appealed, but the judgment contains much of interest. Equitable Life The Equitable Life Assurance Society v Ernst & Young [2002] EWHC 112 (Comm) was an application by the defendants to strike out almost all of Equitable’s claims against them and, in the alternative, for an orde...

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