Manchester
Address:
St James's Court
Brown Street
Manchester
M2 1DH
Liverpool
Address:
5th Floor
Horton House
Exchange Flags
Liverpool, L2 3PF
London
Address:
1st Floor
Holborn Gate
330 High Holborn
London, WC1V 7QT
Professional Negligence
Unlike many accountants who hold themselves out as expert witnesses, John Grogan has over 20 years experience at partner level as a general practitioner in a national firm taking responsibility for the delivery of accounting, auditing and tax services to clients. He is therefore ideally placed to advise or provide expert opinion on liability issues in cases where allegations of negligence in the preparation or audit of accounts, or in the provision of general tax advice are laid against accountants. Indeed, few accountants combine the length and depth of John’s experience as a general practitioner with his familiarity with the requirements of the legal process.
John has also been involved with the quantum aspects of many substantial claims against other professionals, particularly solicitors.
The following is a selection of some of the professional negligence cases in which John has acted:
- Acting as the defendant’s expert in an auditors’ negligence case involving the auditors’ failure to identify accounting mis-statements arising from a fraud perpetrated by the in-house accountant at the auditors’ client. Assisted at the mediation at which the case was settled.
- Acting as the claimant’s adviser in a case involving allegations of negligence against (separate) firms of accountants and auditors arising from failure to identify accounting mis-statements arising from a fraud perpetrated by an in-house book-keeper. Instrumental in distinguishing the nature of the duty owed by accountants from that owed by auditors.
- Written evidence for the defendant chartered accountant in a case involving allegations of negligence in the preparation of accounts and in the provision of tax and general business advice.
- Written evidence for the claimants in a case involving allegations of negligent preparation and audit of financial accounts by the defendant chartered accountants.
- Acting as the defendant’s expert dealing with liability and quantum issues arising from a chartered accountant’s non-compliant preparation of accounts for a leasing company. Gave oral evidence at the High Court in London.
- Acting as the solicitor defendants’ accountancy adviser in a case arising from delay in the administration of a deceased client’s estate which had allegedly caused loss to the beneficiaries.
- Providing expert evidence on liability and quantum in professional negligence issues in a dispute arising out of indemnity provisions on the sale of an accountancy practice (on behalf of the vendor).
- Advising on liability and quantum issues in professional negligence action against accountants arising from their conduct of an Inland Revenue investigation into their client’s affairs (on behalf of the claimant).
- Acting as the defendants’ expert accountant in a case involving a very substantial claim against a two partner firm of solicitors arising from their allegedly negligent conduct of a criminal defence matter in which their client had been convicted and imprisoned for a short period, before appointing new solicitors and being acquitted at a retrial. Gave oral evidence at the High Court in London.
- Acting as the defendants’ expert in a solicitors’ negligence action involving a loss of chance to pursue a negligence action against a firm of chartered accountants: instructed to report on liability and quantum issues in the original action and gave oral evidence at the High Court in London.
- Acting as the claimant’s expert in a solicitors’ negligence case involving the loss of profits suffered by an independent supermarket business, including giving oral evidence at the High Court in Liverpool.