A bank's loss due to the impecuniosity of the counterparties to swap transactions or their unwillingness to abide by the decision of the English court was not within the scope of the duty of solicitors who had advised erroneously on the capacity of the counterparties to enter into the transactions. The Court of Appeal considered the effect of South Australia Asset Management Corp v York (SAAMCo) when analysing the scope of the duty of care (Haugesund Kommune and Anor v Depfa ACS Bank (Wikborg Rein as third party) No 2 www.bailii.org/ew/cases/EWCA/Civ/2011/33.html).