Mehjoo v Harben Barker (a firm) & Anor

Mehjoo v Harben Barker (a firm) & Anor

Harben Barker were not in breach of duty as their retainer did not extend to unsolicited specialist tax planning advice; no evidence supported a variation of retainer to include such duty, and a reasonably competent accountant would not have advised on non-dom status or specialist schemes in the circumstances.

Parties
Claimant: Hossein Mehjoo; First Defendant: Harben Barker (A Firm); Second Defendant/appellant: Harben Barker Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claim dismissed.
Legal Topics
Scope of Retainer, Duty of Care, Tax Advice, Implied Terms, Causation, Remoteness of Damage
Professional Negligence Contract Law Scope of Retainer Duty of Care Tax Advice Implied Terms Causation Remoteness of Damage

Case Brief

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Parties

Hossein Mehjoo

Claimant

Harben Barker (A Firm)

First Defendant

Harben Barker Limited

Second Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Harben Barker owed a duty to provide specialist tax planning advice without being requested
  2. 2 Whether the retainer was varied by course of conduct to include unsolicited specialist advice
  3. 3 Whether Harben Barker breached any duty by failing to advise on non-dom status and specialist schemes

Ratio Decidendi

Harben Barker were not in breach of duty as their retainer did not extend to unsolicited specialist tax planning advice; no evidence supported a variation of retainer to include such duty, and a reasonably competent accountant would not have advised on non-dom status or specialist schemes in the circumstances.

Court Disposition

Appeal allowed; claim dismissed.

Orders

  • Claim by Hossein Mehjoo dismissed.
  • No damages awarded against Harben Barker.