Tom Frapwell

Oct 17, 2023 | lexology.com | Tom Frapwell |Jonty Langham |Katherine King |Georgie Green

High Court decision serves as reminder that assumption of responsibility is heavily fact and context-specificIn a recent case (Amathus Drinks & Ors v EAGK LLP (2023)), the High Court rejected an application by a defendant audit firm for reverse summary judgment on a claim against it in tort, which alleged that the auditor owed duties to a third party, despite a disclaimer in its audit engagement terms explicitly excluding liability to third parties (commonly known as a "Bannerman clause").