||All England Reporter
|| All ER (D) 309 (Mar)
|| EWHC 461 (Ch)
||Michael Brindle QC and Craig Orr (instructed by Ashurst Morris Crisp) for BFS.
||Jonathan Gaisman QC, Christopher Butcher QC, David Bailey and James Brocklebank (instructed by Clifford Chance) for D&T.
||20 March 2002
Action - Defence to action - Circuity of action - Action brought against defendant firm of auditors for negligence - Defendant relying on claim in deceit - Defendant alleging representations in letters signed by claimant's finance director made recklessly and fraudulently - Whether defendant able to rely on defence of circuity of action
On the basis of the evidence adduced for the purposes of the preliminary issue, the action of the claimant's finance director in signing certain representation letters was not recklessly fraudulent and the defendant auditors had accordingly failed to make out their case in deceit.
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