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Given Lord Bridge’s comments on Caparo Industries PLC v Dickman, on the idea of owing to potential shareholders, “if a duty of care were owed so widely, it is difficult to see why it should not extend equally to all who rely on the accounts,” it is difficult to see how a “special relationship” exists between Ms Baldwin and Leigh & Associates...

The same relationship exists between Ms Baldwin and Leigh & Associates and any who have dealings with Samco Ltd.

When one examines Ultramares Corp v Touche , a stronger case can be built against a duty of care being owed. Courts have a history of reluctance towards imposing a liability which is “an indeterminate amount for an indeterminate time to an indeterminate class” This implies that to establish a duty of care, the liability and class must be both ascertainable...

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