This article advocates for a fundamental shift in England’s legal approach to professional negligence, particularly within the domains of accounting and audit. English law should move away from its intricate and unclear case law surrounding professional negligence towards a clearly defined test for professional misconduct. Drawing upon a comparative analysis with the legal framework in the United States, where auditors are not shielded from liability under the law, the article highlights the need for a more consistent and accountable legal landscape in England. One of the main aspects that necessitates change is the proximity test, as set out in the Caparo case, which currently prevents auditors from being held liable for negligence to investors (as third parties)—despite investors relying on auditors for their professional skill to audit accounts. As investors rely on audited accounts when making financial decisions, a well-defined test for professional negligence should align English law with international standards and empower victims to seek compensation from the auditors themselves and/or the auditors’ professional indemnity insurance. Such a change would enhance trust and transparency in the financial domain.
This study aims to investigate the difficulties local governments face as a result of the province directly managing county system reform. It reveals the various challenges faced by local governments under the provincial directly managed county reform through a thorough analysis of the history, rationale, and implementation of the reform along with pertinent literature reviews and case studies. It is discovered that the county reform, which is directly governed by the province, has not only significantly altered the functions and organizational structure of local governments, but it has also made their resource allocation, financial strain, and brain drain problems worse. To help local governments deal with the difficulties in the province-directly governed county reform, related remedies, and solutions are finally proposed to handle these issues.
This study focused on the topic of competences and challenges faced by university teachers in Ecuadorian higher education. The objective of this study was to identify the essential competences that university teachers must possess to confront the current challenges in the Ecuadorian educational field. A mixed research methodology was utilized. A concurrent triangulation design (DITRIAC) was applied. The data collection technique was through documentary study and focus groups. Eight experts in Ecuadorian higher education participated as key informants. Among the findings, there was a consensus on 7 key competences (disciplinary mastery, pedagogical competences, technological skills, research and continuous updating, critical thinking development, ethical and social commitment, flexibility and adaptability to change). It was concluded that Ecuadorian higher education requires teaching professionals who not only master their disciplines and possess advanced pedagogical and technological skills, but who are also leaders in research, promoters of critical thinking, and exemplify ethical commitment and adaptability.
The use of infrastructure as a catalyst for Indonesia’s economic growth faces significant challenges. One example is the construction projects, which have not reached the intended goal and have led to an increase in investment cost compared to the original plan. Additionally, the interaction between the government and companies involved in toll-road construction projects under the public-private partnerships (PPP) mechanism has yet to produce good quality project governance and expected project performance. This study aimed to find empirical data on the determination of project intellectual capital and project ownership structure through good project governance on toll-road project performance in Indonesia. This study adopted a quantitative approach that involved data collected through a survey conducted among toll-road projects from 2015 to 2019. The data was analyzed with Structural Equation Modeling Partial Least Square (SEM-PLS). The results showed that project intellectual capital and project ownership structure significantly affected good project governance. Good project governance Practices significantly affected project performance. Project intellectual capital and project ownership structure influenced project performance through the mediation of good project governance. Conversely, two hypotheses were not supported by the data, i.e., the effect of project intellectual capital and project ownership structure on project performance. The findings of this research contributed to the literature regarding the implementation of collaborative governance in PPPs toll road development projects in Indonesia by providing a framework and assessment tools, which could be valuable for researchers and policymakers in analyzing and evaluating the governance and performance of toll road construction PPP projects.
Copyright © by EnPress Publisher. All rights reserved.