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Watson Gandy On Accountants: Law, Precedents, Practice and Procedure
XPL Publishing, Jan 2008, Pages: 374
This major work provides legal practitioners advising accountants and accountants themselves with clear and practical guidance on UK law – from non-contentious but vital practice governance issues to the complex issues pertaining to professional negligence. 6 checklists and 32 precedents guide the reader through the key topics: partnership creation, client relations, professional negligence, acting as an expert and audit related matters. Second edition - first edition originally produced by Barry Rose.
Target Market:
accountants and lawyers
There is a tendency among lawyers to approach the law by reference to legal topics, and a tendency among non-lawyers to see the law as an adjunct to their own particular fields of work. By way of example, consider a possible claim for negligence against an auditor, or the rights of partners on the dissolution of an accountants’ partnership. A lawyer will see the former as raising questions on the law of tort and the latter as giving rise to questions on the law of partnership. An accountant will see the issues as throwing up problems particular to his or her profession. Such differences of approach are understandable, indeed inevitable, because they reflect the needs, interests and experience of the people concerned.
However, the consequences can be unfortunate in practice, when it comes to the need for a legal view or opinion. Legal books dealing with particular topics, such as tort or partnership law, will, no doubt, mention cases which are concerned with accountants, and may even occasionally have brief sections dealing with accountants, but particular concerns of accountants are unlikely to be addressed as such, and, where they are, the passages will often be hard to find. Many problems will involve more than one legal aspect, and there will be the additional problem of having to go from one legal book to another. On the other hand, books on accountancy, while often no doubt treating the effect of the law as important, will not see it normally as a topic of central significance, and will often deal with it in a relatively cursory manner. This is particularly unfortunate in the light of the high standards expected of professional people and in what is sometimes seen as a burgeoning climate of litigiousness, and above all for a profession which, as much as any other, is subject to ever-increasing regulation and public scrutiny.
It is for this reason that a book which concentrates on the law relating to accountancy is particularly valuable and to be welcomed. In one volume, it is possible to read about the statutory, regulatory, common law and professional rules and principles which apply to all professional aspects of the accountancy profession, and in a book which is specifically directed to accountants (and their advisers).
It is important that such a book not only sets out the law fully and accurately, but also that it is clear and practical in its structure and its contents. In that connection, this book succeeds handsomely. Consideration of the chapter headings shows that the structure is logical and easy to follow, and ensures full coverage of the issues which are likely to be of concern to accountants. This second edition also takes into account significant changes which have occurred since the first edition, such as the passing of the Companies Act 2006, the coming into force of the 2005 EC regulations relating to professional qualifications, as well as a mass of recent court decisions, new regulations, and modifications and changes to professional standards.
The volume of relevant material is very substantial indeed, and its effect and consequences are presented in a clear, logical and user-friendly way, always with supporting references, so a reader who wants to delve even more deeply into a particular aspect will know where to look.
Apart from the text and usual supporting aspects (such as index and list of cases), the author is particularly to be congratulated for including a list of precedents, and, unusually but very practically and helpfully, six checklists, each of which is designed to help accountants and their advisers through certain familiar, but very important and potentially problematic, activities. The accountancy profession occupies a significant and responsible role in the modern commercial world, and the rule of law is self-evidently of importance to the commercial world, as well as more generally. Accordingly, we should all be very grateful to Mark Watson-Gandy for producing the second edition of Accountants: Law Practice and Procedure. It will provide invaluable assistance to accountants (as well as their legal and other advisers) on virtually all aspects of their professional lives
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