The Accountants' Joint
Disciplinary Scheme revealed the latest news in the Equitable saga after an
injunction blocking news of the appeal was discharged in the High Court
yesterday.
The appeal will be heard in
October this year. The initial findings against the firm and Paul
McNamara, the client service partner on the Equitable account, will remain
unpublished and under wraps until the appeals process is completed.
A spokesman for E&Y said:
"We cannot comment on the provisional findings of the Joint Disciplinary
Tribunal of the ICAEW other than to confirm that we have appealed certain
aspects and that the eventual findings of the appeal tribunal will be made
public in due course.
"After taking legal advice
in December, we sought to keep confidential these provisional findings, when
the JDT proposed to disclose them to a third party. We have now agreed, through
the court, a way forward."
The injunction was lifted after
being in place since an application by Ernst & Young in December last year.
The action also prevented the tribunal of the JDS from acknowledging that there
was a legal block on publishing information on its investigation.
The executive committee of the
JDS began a challenge to the injunction on Friday last week. The High Court
discharged the injunction yesterday.
The disciplinary case against
Ernst & Young over Equitable began in 2004 when complaints were brought by
the profession's disciplinary body.
The complaints alleged that
E&Y delivered unqualified audit opinions when the accounts for 1990 to 1993
had not been properly prepared, and that unqualified opinions were offered on
accounts, which did not represent a "true and fair view", from 1994
to 2000.
The firm and McNamara were also
accused of failing "to act with the objectivity and independence which is
expected from a firm of chartered accountants and from chartered accountants".
Complaints against another
partner, Richard Coombes, were dropped because of ill-health.
A negligence claim brought by
Equitable against its auditors collapsed in December 2005 after being
comprehensively dismantled by E&Y's lawyers in court.
The initial action sought up to
£4.5bn from former directors and the auditors.
This article was first published
by Accountancy
Age, part of the Incisive Media group of publications.