Amathus Drinks PLC v EAGK LLP & Anor

Amathus Drinks PLC v EAGK LLP & Anor

Summary judgment is granted to the defendants on the contractual claim because there is no realistic prospect of the claimants proving a contract between EAGK and the buyers. However, the tort claim survives summary judgment because, despite the presence of a disclaimer, the ongoing business relationship and direct...

Source-derived case information.

Parties
Claimant: Amathus Drinks PLC; Claimant: Chariton Platon Georgiou; Claimant: Bablake Wines Limited; Defendant: EAGK LLP; Defendant: Alekos Andreas Christofi
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Professional Negligence / Summary Judgment Application
Outcome
Summary judgment granted in part; contractual claim dismissed; tort claim proceeds to trial.
Legal Topics
Auditor's Duty of Care, Assumption of Responsibility, Bannerman Disclaimer, Summary Judgment, Disclosure Obligations
Professional Negligence Contract Law Tort Law Auditor's Duty of Care Assumption of Responsibility Bannerman Disclaimer Summary Judgment Disclosure Obligations

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Summary, issues, holding and outcome

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Parties

Amathus Drinks PLC

Claimant

Chariton Platon Georgiou

Claimant

Bablake Wines Limited

Claimant

EAGK LLP

Defendant

Alekos Andreas Christofi

Defendant

Procedural Posture

Professional Negligence / Summary Judgment Application

Legal Issues

  1. 1 Whether the auditor (EAGK LLP) owed a contractual or tortious duty of care to the buyers (claimants) in preparing statutory accounts and a Completion Certificate for a share purchase transaction
  2. 2 Whether the presence of a Bannerman disclaimer precludes a duty of care in tort
  3. 3 Whether the claimants have adequately pleaded breach of duty and causation

Ratio Decidendi

Summary judgment is granted to the defendants on the contractual claim because there is no realistic prospect of the claimants proving a contract between EAGK and the buyers. However, the tort claim survives summary judgment because, despite the presence of a disclaimer, the ongoing business relationship and direct communications may arguably amount to an assumption of responsibility, and the claimants have a realistic prospect of success at trial.

Court Disposition

Summary judgment granted in part; contractual claim dismissed; tort claim proceeds to trial.

Orders

  • Summary judgment for defendants on the contractual claim
  • Defendants' application for summary judgment on the tort claim dismissed