Black & Clements’ Application
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 24 November 2009 |
| Neutral Citation | [2009] NIQB 94 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 24 November 2009 |
1
Neutral Citation No. [2009] NIQB 94 Ref:
WEA7680
Judgment: approved by the Court for handing down Delivered:
24/11/2009
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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Black & Clements’ Application [2009] NIQB 94
AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BY
PHILIP BLACK AND DAVID CLEMENTS
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WEATHERUP J
[1] This is an application for leave to apply for a Judicial Review of a
decision of the Accountancy and Actuarial Discipline Board of the Institute of
Chartered Accountants in Ireland made on 6 October 2009 to examine the
applicants’ role in the affairs of the Presbyterian Mutual Society (PMS) and
the refusal to adjourn the examination. Mr McGleenan appeared for the
applicants and Mr Maclean QC and Ms Gray for the proposed respondent.
[2] From the affidavit of the first applicant it appears that he is a Chartered
Accountant and a member of the Institute of Chartered Accountants in
Ireland (ICAI) and also a director of the Presbyterian Mutual Society (PMS)
since 1998. The second applicant is also a Chartered Accountant and a
director of PMS since 1990.
[3] An Administrator was appointed for the PMS in November 2008. At
that time the ICAI referred the applicants’ conduct as directors of the PMS to
the Chartered Accountants Regulatory Board and the result was a proposed
investigation and interview of the applicants under Accountancy Scheme.
[4] Further, the Financial Services Authority (FSA) undertook an
investigation into whether the PMS was taking deposits and conducting
unauthorised mortgage business. On 9 April 2009 the FSA issued a press
release to the effect that it had concluded its investigation and had decided
that regulated activities had been conducted without the necessary
authorisation or exemption. However the FSA also decided that it would not
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