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MG Rover: Eight years on, Deloitte faces a tribunal hearing

Eight years after MG Rover collapsed owing some £1.4bn and with the loss of 6300 jobs, the accountants Deloitte will appear before a tribunal assessing whether it failed to manage conflicts of interest in its advice to MG Rover and the 'Phoenix Four' group of businessmen.

Eight years after MG Rover collapsed owing some £1.4bn and with the loss of 6300 jobs, the accountants Deloitte will appear before a tribunal assessing whether it failed to manage conflicts of interest in its advice to MG Rover and the 'Phoenix Four' group of businessmen (John Towers, John Edwards, Nick Stephenson and Peter Beale).

The Four had set up Phoenix to buy the loss-making carmaker from BMW for a token tenner back in 2000, with MG Rover coming with a £500m dowry from the German car-maker.

The Four then set up a complex financial structure to move money around and extract value - to the tune of £42m in salaries and pensions before the loss making firm collapsed five years later. 

The Four didn't face any criminal charges as the complex financial structure they set up to extract value was cleverly designed and within the rules, but they were disqualified from being directors of any company for up to six years.

After a long-running BIS Inquiry concluded in 2009, the case was referred to the Financial Reporting Council, which regulates accountants. The FRC's executive counsel in turn referred the case to the FRC's Accountancy and Actuarial Discipline Board (AADB) to review Deloitte's conduct as auditors and advisers to various companies in the MG Rover Group sale.

And the AADB last year accused Deloitte and Maghsoud Einollahi, a former Deloitte M&A partner, of misconduct related to their work as corporate finance advisors for various companies involved with MG Rover and the Four.

It should be stressed that Deloitte's audit work on MG Rover has not been questioned.

The AADB's complaint alleged that Deloitte and Mr Einollahi, who retired from the firm in 2008, failed to "adequately consider the public interest" in certain transactions as well as "the potential for there to be different commercial interests between the Phoenix Four, MG Rover Group and associated companies and shareholders".