Source: All England Reporter
Publisher Citation: [2013] All ER (D) 132 (Jun)
Neutral Citation: [2013] EWHC 1500 (QB)
Court: Queen's Bench Division

Mr Justice Silber

Representation Mark Simpson QC and Isabel Barter (instructed by Wragge & Co LLP) for the claimant.
  Giles Goodfellow QC and Jonathan Bremner (instructed by Eversheds LLP) for the defendants.
Judgment Dates: 5 June 2013


Accountant - Negligence - Information or advice - Claimant issuing proceedings against defendant accountants for negligence and breach of contract - Claimant submitting incurring significant capital gains tax liability due to defendants' negligent advice - Defendants contending claim statute-barred - Extent of defendants' retainer - Whether defendants' advice negligent - Whether claimant taking appropriate advice - Whether claimant saving on tax if appropriate advice being taken - Whether claimant being entitled to damages - Whether claim statute-barred.

The Case

Accountant Negligence. The claimant sought damages against his accountants for failing to advise him of steps to eliminate or reduce his liability for capital gains tax. The Queen's Bench Division, in allowing his claim, held that the defendants had breached their contractual and tortious duties to advise the claimant to obtain specialist tax advice.

Practice Areas

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