Auditors in UK Law

Leading Cases
  • Lloyd v McMahon
    • Court of Appeal
    • 31 Jul 1986

    What the appellants were saying was wholly inconsistent with what was in these minutes and documents. The evidence relied on by the respondent for rejecting the appellants' assertion that they believed that more money would be forthcoming was strong; but it is a matter of human experience that political zealots, as some of the appellants seem to have been, can so delude themselves about reality that lying is unnecessary for them.

  • Lloyd (A.P.) and Others (A.P.) v McMahon
    • House of Lords
    • 12 Mar 1987

    My Lords, if the district auditor had reached a decision adverse to the appellants without giving them any opportunity at all of making representations to him, there can be no doubt that his procedure would have been contrary to the rules of natural justice and that, subject to the question whether the defect was capable of being cured on appeal to the Divisional Court, the decision would fall to be quashed.

    To use the phrase which better expresses the underlying concept, what the requirements of fairness demand when any body, domestic, administrative or judicial, has to make a decision which will affect the rights of individuals depends on the character of the decision-making body, the kind of decision it has to make and the statutory or other framework in which it operates.

  • Lanes Group Plc v Galliford Try Infrastructure Ltd
    • Court of Appeal
    • 21 Dic 2011

    The leading authority in this area is Porter v McGill [2001] UKHL 67, [2002] 2 AC 357. This is the House of Lords' decision arising out of the well known "Homes for Votes" saga in Westminster. Westminster City Council's Auditor certified that certain councillors had caused approximately 31 million pounds loss to the council by their wilful misconduct. The House of Lords held that the Auditor's decision was valid.

    There is nothing objectionable in a judge setting out his or her provisional view at an early stage of proceedings, so that the parties have an opportunity to correct any errors in the judge's thinking or to concentrate on matters which appear to be influencing the judge. Of course, it is unacceptable if the judge reaches a final decision before he is in possession of all relevant evidence and arguments which the parties wish to put before him.

  • Roberts v Hopwood
    • House of Lords
    • 03 Abr 1925

    Towards these latter persons the body stands somewhat in the position of trustees or managers of the property of others.

  • R (Lewis) v Redcar & Cleveland Borough Council (No 1)
    • Queen's Bench Division (Administrative Court)
    • 20 Dic 2007

    In the context of decisions reached by a council committee, the notional observer is a person cognisant of the practicalities of local government. He does not take it amiss that councillors have previously expressed views on matters which arise for decision. He does not take it amiss that councillors have previously expressed views on matters which arise for decision.

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Books & Journal Articles
  • Auditors’ experience with corporate psychopaths
    • Núm. 23-4, Octubre 2016
    • Journal of Financial Crime
    Purpose: The purpose of this paper is to analyse auditors’ experience with corporate psychopaths in their client management. Design/methodology/approach: The research was conducted as a survey amo...
  • Auditors' Liability for BCCI
    • Núm. 1-4, Enero 1994
    • Journal of Financial Crime
    In an earlier contribution to this journal, the author sought to analyse the legal implications of the recent decision by the liquidators of the Bank of Commerce and Credit International (BCCI), To...
  • Auditors in a changing regulatory environment
    • Núm. 13-1, Enero 2006
    • Journal of Financial Crime
    Purpose: The purpose of this paper is to describe how corporate responsibility, at the best of times, is taken for granted, and at the worst of times, becomes a much maligned concept. Design/metho...
  • Helping auditors identify deception through psycholinguistics
    • Núm. 25-4, Octubre 2018
    • Journal of Financial Crime
    Purpose: This paper reviews an array of psycholinguistic techniques that auditors can deploy to explore written and oral language for signs of deception. The review is drawn upon to propose some el...
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Law Firm Commentaries
  • Ban on 'big four' auditors clauses comes into effect
    • JD Supra United Kingdom
    • White & Case LLP
    • 20 de Junio de 2016
    As of 17 June 2016, any term in a contract which has the effect of restricting any audited person's choice of statutory auditor to certain categories or lists of statutory auditors will have no eff...
  • UK Regulators Focus on Role of Auditors
    • JD Supra United Kingdom
    • Katten Muchin Rosenman LLP
    • 7 de Julio de 2010
    The UK Financial Services Authority (FSA) and the UK Financial Reporting Council (FRC) issued a discussion paper on June 24 which considers ways of enhancing auditors’ contribution to regulation.&#...
  • Competition Commission stops short of requiring Mandatory Rotation of Auditors
    • JD Supra United Kingdom
    • K&L Gates LLP
    • 25 de Julio de 2013
    As part of its ongoing investigation into the UK audit services market, the Competition Commission ("CC") has provisionally decided on a package of remedies that will require FTSE 350 com...
  • ISS Proposes Changes to Benchmark Policy Regarding Auditors
    • LexBlog United Kingdom
    • Squire Patton Boggs
    • 23 de Octubre de 2018
    The Institutional Shareholder Services (ISS) has stated that recent high-profile corporate failures and accounting scandals have raised investors’ concerns about the efficacy of financial statement...
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