Category: deceit

Clarification of the Test for Dishonesty in Criminal Law: R v David Barton and Rosemary Booth [2020] EWCA Crim 575 – Park Square Barristers

Posted May 12th, 2020 in contracts, deceit, gambling, news, Supreme Court by sally

‘In this landmark decision, a five – judge constitution of the Court of Appeal (Criminal Division), headed by the Lord Chief Justice of England and Wales, clarified that the test for dishonesty in criminal law is that set out by Lord Hughes in the Supreme Court authority of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67; [2018] AC 391. This test is to be preferred to the test of the Court of Appeal Criminal Division in R v Ghosh [1982] QB 1053.’

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Park Square Barristers, 30th April 2020

Source: www.parksquarebarristers.co.uk

Barton & Booth: Clarifying the Dishonesty Test post Ivey by Paul Dormand – Broadway House Chambers

Posted May 6th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news, theft by sally

‘The decision in Barton & Booth [2020] EWCA Crim 575 brings an end to the uncertainty surrounding the test for dishonesty, and the application of the test proposed by the Supreme Court in Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67. This article will look at the departure from Ghosh, the application of the Ivey test notwithstanding its obiter status.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Barton and Booth – note on the Court of Appeal decision on Ivey and Ghosh – Exchange Chambers

Posted May 4th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news by sally

‘In Barton and Booth v R [2020] EWCA Crim 575, the Criminal Division of the Court of Appeal considered the correct approach to be taken to dishonesty as it applies to the criminal law. In doing so, the Court confirmed that the test for dishonesty articulated in the Supreme Court decision of Ivey v Genting Casinos (UK) (trading as Crockfords Club) [2017] UKSC 67 displaced the test for dishonesty that had been laid down in R v Ghosh [1982] QB 1053 and which had applied in the criminal courts for 35 years.’

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Exchange Chambers, 1st May 2020

Source: www.exchangechambers.co.uk

Charles and Diana Ingram to challenge guilty verdicts in Millionaire case – The Guardian

Posted April 16th, 2020 in appeals, deceit, miscarriage of justice, news by sally

‘Charles and Diana Ingram will ask the court of appeal to overturn their convictions for cheating on Who Wants to Be a Millionaire? – arguing that new audio analysis casts serious doubt on the evidence used to prosecute them.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

Interim Separation During Proceedings – Becket Chambers

Posted April 15th, 2020 in appeals, care orders, chambers articles, children, deceit, domestic violence, families, local government, news by sally

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

Barrister lied to police “to help close friend” – Legal Futures

Posted April 9th, 2020 in barristers, deceit, disciplinary procedures, news, professional conduct by sally

‘An unregistered barrister who lied about her status to extract information about an investigation by North Yorkshire Police has been disbarred.’

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Legal Futures, 9th April 2020

Source: www.legalfutures.co.uk

What a difference a PSED makes… – Nearly Legal

Posted April 8th, 2020 in appeals, children, deceit, homelessness, housing, landlord & tenant, local government, mental health, news by sally

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Junior solicitor who lied about lost documents struck off – Legal Futures

Posted April 7th, 2020 in costs, deceit, disciplinary procedures, documents, mental health, news, professional conduct, solicitors by sally

‘A junior solicitor at the Solicitors Regulation Authority’s (SRA) external advisers Capsticks lied about losing documents she was working on while acting for the regulator in a data protection case.’

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Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

Bomb hoax barrister fails to overturn law firm ban – Legal Futures

Posted April 3rd, 2020 in barristers, deceit, disciplinary procedures, explosives, indecent photographs of children, law firms, news, oral hearings, professional conduct, sentencing, Solicitors Regulation Authority by sally

‘A barrister jailed in 2014 for a bomb hoax at the London Olympics has failed in his attempt to overturn an order imposed by the Solicitors Regulation Authority (SRA) that banned him from working for law firms.’

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Legal Futures, 3rd April 2020

Source: www.legalfutures.co.uk

In-house lawyer facilitated sham £16m property schemes – Legal Futures

Posted April 1st, 2020 in company directors, deceit, disciplinary procedures, news, professional conduct, solicitors by sally

‘A solicitor who acted as head of legal and a “puppet director” for a variety of companies involved in sham £16m property schemes has been struck off.’

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Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

Court of Appeal finds for council in dispute over false statement and social housing – Local Government Lawyer

Posted March 20th, 2020 in appeals, deceit, housing, landlord & tenant, local government, news by sally

‘A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Lie detectors should be used to monitor sex offenders, UK study says – The Guardian

Posted March 18th, 2020 in deceit, lie detectors, news, police, probation, recidivists, sexual offences by sally

‘Mandatory testing with a polygraph, or lie-detector, should be introduced to monitor convicted sex offenders undergoing police supervision, according to university research commissioned by police chiefs.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Dishonesty “doesn’t need to persist” to be fundamental – Litigation Futures

Posted March 16th, 2020 in accidents, compensation, damages, deceit, fundamental dishonesty, news, personal injuries by sally

‘A recorder was wrong to find that a personal injury claimant was not fundamentally dishonest because he did not persist with his dishonesty, the High Court has decided.’

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Litigation Futures, 16th March 2020

Source: www.litigationfutures.com

Leasehold property buyers ‘misled by developers’ – BBC News

Posted March 2nd, 2020 in deceit, fees, housing, leases, news by sally

‘An investigation into the leasehold property market has found “worrying evidence” that buyers are being treated unfairly and charged unreasonable fees.’

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BBC News, 28th February 2020

Source: www.bbc.co.uk

Solicitor faked email to cover inaction – Legal Futures

Posted February 14th, 2020 in deceit, disciplinary procedures, electronic mail, mental health, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A solicitor claiming to have become overwhelmed by pressure of work has been struck off after dishonestly misleading clients that she had made court applications.’

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Legal Futures, 14th February 2020

Source: www.legalfutures.co.uk

Courts “more willing” to rule on fundamental dishonesty – Litigation Futures

Posted January 22nd, 2020 in appeals, courts, deceit, disclosure, fraud, fundamental dishonesty, news, road traffic by sally

‘There are signs that courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases, a leading defendant firm has suggested.’

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Litigation Futures, 21st January 2020

Source: www.litigationfutures.com

Police officer jailed for lying about Uxbridge child sex assault – Crown Prosecution Service

Posted January 13th, 2020 in child abuse, children, deceit, news, perverting the course of justice, police, sentencing, sexual offences by tracey

‘A police constable who falsely accused a council street cleaner of sexually assaulting a child after an argument about cleaning up his garden hedges has been jailed for three years.’

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Crown Prosecution Service, 10th January 2020

Source: www.cps.gov.uk

Police reject judge’s call to apologise over wrongful conviction – The Guardian

Posted January 13th, 2020 in appeals, deceit, evidence, judges, miscarriage of justice, news, police, professional conduct by tracey

‘Police have refused to apologise to a man wrongly jailed for 25 years because officers lied at his trial, even after the now-retired appeal court judge who quashed the conviction told the Guardian that the force should say sorry.’

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The Guardian, 13th January 2020

Source: www.theguardian.com

Solicitor who felt “intimidated” by clients struck off – Legal Futures

Posted December 9th, 2019 in deceit, disciplinary procedures, licensing, mental health, negligence, news, personal injuries, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A partner who said she felt “threatened and intimidated” by clients who would not accept her advice to discontinue has been struck off for lying about the progress of their cases.’

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Legal Futures, 9th December 2019

Source: www.legalfutures.co.uk

Partner “too embarrassed” to tell clients truth is struck off – Legal Futures

Posted December 5th, 2019 in deceit, disciplinary procedures, executors, financial dispute resolution, licensing, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A partner who misled beneficiaries about the progress of a case to resolve a dispute over estate assets and then found himself “too embarrassed” to tell them the truth has been struck off.’

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Legal Futures, 5th December 2019

Source: www.legalfutures.co.uk