CIMA Learning System Fundamentals of Ethics, Corporate by Larry Mead

By Larry Mead

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CIMA Learning System Fundamentals of Ethics, Corporate Governance and Business Law: New syllabus (CIMA Certificate Level 2008)

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The House of Lords held that the auditors’ duty of care could not practicably be owed to so many people, otherwise there might be no end to claims. (Note that the House of Lords in this case was not bound by the obiter dicta in the Hedley Byrne case; and the previous decisions of the House of Lords in cases like Smith v. ) Caparo Industries v. Dickman was itself distinguished by the High Court in the later case of ADT Ltd v. Binder Hamlyn (1995). In this case, ADT was bidding to take over a company whose accounts were audited by Binder Hamlyn.

Most modern systems go back to the 19th century codification movement. The civil codes of many, particularly Latin countries and former French and Spanish colonies closely trail the Code de Napoléon in some fashion. However, this is not true for most Central and Eastern European, Scandinavian and East Asian countries. Notably, the German BGB was developed from Roman law with reference to German legal tradition. The importance of the Code Napoléon should also not be overemphasized as it covers only the core areas of private law, while other codes and statutes govern fields such as corporate law, administrative law, tax law and constitutional law.

This was by its nature a serious business meeting. Mr Bishop did not have to say yes. He could have declined to answer. He could have given a disclaimer. He could have said that, if ADT were to rely on his answers, he would need to take advice. He could have said words to the effect ‘Yes, I do stand by the accounts but this was a difficult audit because . ’ Rather than doing any of these he undertook to answer the questions posed . . ’ Accordingly, the judge found that Binder Hamlyn assumed a responsibility for the statement that the audited accounts showed a true and fair view of BSG.

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