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Mehjoo: Accountant’s duty to advise client on tax issues

Jonathan Levy and Nigel Brook consider the need to remain alive to the professional duties owed to clients

The recent decision of Mr Justice Silber in Hossein Mehjoo v Harben Barker (A Firm) and Harben Barker Ltd [2013] EWHC 1500 (QB) has attracted a great deal of publicity in the general press as it considers the important area of an accountant’s duty to his client to advise him how best to mitigate his liability to tax.

The facts

Mr Mehjoo (the claimant) claimed damages against his former accountants Harben Barker. The claimant who was born in Iran had built up a clothing business Bank Fashion Ltd (BFL). The claimant’s shareholding in BFL was sold in April 2005 for some £8.5m and his liability for CGT was £847 458. The case was concerned with the steps which the claimant argued his accountants should have advised him to take...

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