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Fair & true: getting the balance right

27 October 2017
Issue: 7767 / Categories: Features , Profession
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The meaning of ‘true and fair’ may be whatever accountants say it is, as Roderick Ramage explains

 

Section 393(1) of the Companies Act 2006 reads: ‘The directors of a company must not approve accounts for the purposes of this Chapter unless they are satisfied that they give a true and fair view of the assets, liabilities, financial position and profit or loss …’. What meaning should the law give to the expression ‘true and fair’?

A starting point for the interpretation of statutes is at 332 in Macarthys Ltd v Smith [1979] 3 All ER 325: ‘As the meaning of the words [Equal Pay Act 1970, s 1(1) and (2)] is clear, and no ambiguity, whether patent or latent, lurks within them, under our rules for the construction of Acts of Parliament the statutory intention must be found within those words.’

Two differing means of finding the meaning of the words ‘true and fair view’ are these.

The Shorter OED

True: ‘Consistent with fact; agreeing with reality; representing the thing as it

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The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
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The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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