header-logo header-logo

27 October 2017
Issue: 7767 / Categories: Features , Profession
printer mail-detail

Fair & true: getting the balance right

nlj_7767_ramage

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll