Log In

Reset Password

Court to hear bankrupt accountant's claims against Coopers & Lybrand's UK

A British court has set aside three days next week to hear the claims made by Mr. Mark Hardy, including those allegations that Coopers & Lybrand's UK accountancy operations are illegal and void.

Mr. Hardy, who headed the Bermuda insurance companies, Forum Re, Aneco Re and Focus Insurance that are all in liquidation, is objecting to an application from Coopers & Lybrand for an injunction to delay British regulators' investigation of them in the Robert Maxwell affair.

British regulators are also objecting to that Coopers & Lybrand application.

The Department of Trade & Industry is waiting to hear the results of an investigation by the Institute of Chartered Accountants in England and Wales (ICAEW) into Mr. Hardy's allegations concerning the accountancy firm.

Mr. Hardy appears in the Court of Appeals on Monday and is expected to draw the court's attention to the partnership structure of the accountancy firm. It is believed that references will be made to the structures, as he claims were outlined by Cooper & Lines partner, Mr. David Lines, during the winding up of Cambridge Re here in Bermuda.

It is also understood that allegations of perjury against one of the liquidators of Aneco Re will be heard.

Meanwhile, Mr. Lines, who has spent many days in court with Mr. Hardy, made it very clear how he feels about the bankrupt accountant.

He said, "You're dealing with a very difficult man. He is not always clear in his facts.'' Coopers & Lybrand, in a notice of application to the Supreme Court of England and Wales for leave to apply for judicial review, stated "The issues involved are extremely complex and the consequences for Coopers & Lybrand of an adverse finding against them in either the civil actions or the JDS (joint disciplinary scheme established by the ICAEW) inquiry are potentially catastrophic.

"Coopers & Lybrand face potential civil claims amounting to approximately 411 million ($635 million), ignoring interest and costs, and the penalties which may be imposed by a JDS tribunal include an unlimited fine and withdrawal of the firm's registered auditor status.'' The firm faces civil action by the Joint Liquidators of Bishopsgate Investment Management Ltd. (BIM), the Joint Liquidators of First Tokyo Index Trust Ltd.

(FTIT) and the respective trustees of the Mirror Group Pension Scheme, the Maxwell Communication Works Pension Scheme, the Maxwell Communications Pension Plan, the Maxwell Media Pension Plan, the AGB Pension Scheme, the AGB Executive Pension Plan, the AGB Directors' Pension Plan and the AGB Research Group Retirement Benefit Scheme.

Coopers & Lybrand have asked that the ICAEW inquiry be suspended until the civil actions are completed. The firm argued that the same issues will be explored in the imminent claims for damages from the eight Maxwell pension schemes and the liquidators of BIM and FTIT.

The firm advanced several other arguments as to why the matter should be postponed, including the fact that they have a continuing involvement in other inquiries and proceedings which have resulted from the unusual nature of the Maxwell affair, including the criminal trials of Robert Maxwell's sons and others and an inquiry by the Department of Trade & Industry.

Mr. Mark Hardy