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Ben Hubble QC

Accountants, Auditors & Actuaries

Ben regularly acts on claims against accountants and tax advisers. Having acted for the Defendant solicitors in the Innovator Litigation, a particular expertise is litigation arising from the failure of (what were intended to be) tax advantaged investment or film schemes. Ben variously acts for both high net worth individuals (often from the sports world) who entered into ill-fated tax schemes, and the accountants, tax advisers and IFAs who advised on such schemes. Ben has acted and is acting on claims arising from, among others, the Innovator, Tower M Cashback, Eclipse, Ice-breaker, Little Wings, Samarkand, Resolve, Fortitude, Perseus and Scion Schemes. Recent or ongoing cases include a claim by a group of high net worth individuals against one of the big four accountancy firms, a claim by a boxing promoter against his former accountant relating to a failed insurance policy entered into in respect of a failed tax scheme, and a claim by one of the world’s leading football managers against his former tax advisers.

In addition to failed tax schemes, Ben regularly acts on other accountants and auditors negligence cases. Examples of recent cases include:

  • advising special liquidators of collapsed Irish Bank in relation to potential claims against external auditors
  • claim by bank’s liquidator for $900m against Cayman auditors for alleged failure to spot fraudulent business model; claim involves both ex turpi causa and traditional breach and causation issues
  • claim by hedge fund manager against insolvency practitioner for £10m+ for alleged inability to work in investment due to criminal conviction said to be caused by insolvency practitioner’s negligence (Griffin v Hacker Young [2010] PNLR 20)
  • claim against tax advisers for advising company and shareholder to enter into a defective Share Scheme tax avoidance scheme
  • claims against auditors for failure to identify director’s fraud and thefts
  • claim against big 4 firm of accountants for negligent advice in relation to a non residency scheme aimed at avoiding CGT
  • claims against accountants for negligent accounting and tax advice

In relation to actuaries, Ben has in depth knowledge of the pensions industry and the workings of large life offices having spent two years leading the successful prosecution of the successive chief executives of Equitable Life for professional misconduct. Ben has acted and is acting on various claims against actuaries (and often scheme solicitors also) relating to alleged misadministration of pension schemes, including re Barber window problems.