审计失败责任纠纷
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天价罚单逼近!审计巨头涉嫌失误酿破产,或将赔付 7.54 亿人民币(8000 万英镑)
Xin Lang Cai Jing· 2026-01-11 00:52
Core Viewpoint - The lawsuit against BDO by the liquidators of NMCN PLC highlights significant allegations of audit failures that contributed to the company's bankruptcy, with claims for at least £80 million in damages [1][3][8]. Group 1: Key Facts of the Case - NMCN PLC, a construction company involved in major water infrastructure projects, entered bankruptcy management in 2021 and was liquidated in September 2024 [2]. - BDO LLP served as the independent auditor for NMCN from 2010 to 2020 and is accused of failing to identify substantial losses in long-term contracts during the 2018-2019 audits [3]. - The case is currently in the early stages of legal proceedings, with the liquidators having obtained court approval to access BDO's audit work papers from the relevant years [3][4]. Group 2: Key Disputes in the Case - The specific nature of the audit failures involves BDO's incorrect assessment of losses related to long-term contracts, particularly in the water sector, under the new accounting standard IFRS 15 [4]. - Following a change in auditors to Ernst & Young (EY) in 2020, EY discovered that NMCN faced actual losses of up to £43 million, significantly higher than the initial estimates of £13.5 to £15 million [4]. - The causal relationship between the alleged audit failures and the bankruptcy is central to the £80 million claim, with liquidators arguing that earlier detection of issues could have mitigated losses [4]. Group 3: Compensation Claims - The £80 million claim is based on the principle of "restoration" under UK law, aiming to return the plaintiff to the financial state they would have been in without the alleged negligence [5]. - Compensation calculations will not simply equate to total losses, as the court will scrutinize the direct losses caused by the audit failures, including improper dividends and additional financing costs due to delayed restructuring [5]. - A similar case in January 2025 highlighted the "mitigation" principle, where costs incurred by the plaintiff due to independent decisions may disrupt the causal link to the original negligence, potentially affecting compensation [5]. Group 4: Comparative Context - The NMCN case is compared to other legal actions, such as the ST Hengli case in China and a penalty against PwC in the UK, illustrating the commonality of audit-related disputes and the varying legal frameworks [7]. - The NMCN case emphasizes the potential financial repercussions for auditors in cases of alleged negligence, with significant claims reflecting the broader implications for the auditing profession [8].