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Auditors fail to win legal guard
Ministers have rejected the accounting
profession's appeals to give legal protection to auditors.
The government's new legislative programme, to be unveiled in the Queen's
Speech tomorrow, will not contain measures to cap auditors' liabilities
in litigation.
But the Department of Trade and Industry is expected to embark on a public
consultation about the merits of introducing a cap or sticking with the
status quo.
If the DTI finds evidence that reform is urgently needed, measures could
be inserted into a company law bill that is expected in the Queen's Speech.
Ministers have not yet been persuaded of the case for a cap on auditors'
liabilities, but they want attention paid to the risk that accounting
firms could be destroyed by litigants and the consequences for choice
and competition.
Ernst & Young, one of the big four firms, could be destroyed if a
£2.6bn negligence claim by Equitable Life, the troubled life
assurer, succeeds against its former auditor.
The government's stance on auditors' liabilities is likely to please many
accountants, although the profession will be disappointed that its pleas
for a cap have not yielded a commitment to action.
The DTI company law bill will deliver some of the government's measures
to strengthen financial reporting following US business scandals, including
extra powers for investigators and regulators.
Meanwhile leading accountants signalled their unease at plans by an independent
watchdog for a crackdown on the ability of accounting firms to carry out
lucrative non-audit work for audit clients.
PwC, the UK's biggest accounting business, said plans by the Auditing
Practices Board posed "tough challenges". Deloitte, another
big four firm, said the plans could put UK companies at a "competitive
disadvantage". E&Y said some of the recommendations would be
"very onerous" for small companies.
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