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A lifetime of regret

The recent case of Frank Houlgate Investment Co Ltd v Biggart Baillie LLP may make uneasy reading for some lawyers but its impact is not just restricted to the legal profession.

It contains salutary lessons for all. In particular, it confirms that:-

  • an accessory to a fraud does not need to have the same intent to defraud as the fraudster himself
  • whilst a solicitor (or indeed any agent) does not normally undertake personal responsibility for the accuracy or truthfulness of advice or information passed on by him to the other party, he does continue to represent that he does not know that advice or information to be false.

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