07/08 Ex turpi causa revisited

Professional indemnity Law Watch

Readers may recall that in August of last year we reported on the first instance decision of Stone & Rolls Limited (In Liquidation) v. Moore Stephens and Another [2007] EWHC 1826 which held that the ex turpi causa maxim (which prevents claimants from claiming losses suffered as a result of their own criminal conduct) did not operate to defeat a liquidator’s claim for audit negligence even where the claimed losses arose from the wrongful act of the insolvent company in question. The Court of Appeal has recently overturned this decision.

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