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A (dis)honest mistake?

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15 September 2023 / Sam Thomas , Manon Huckle , Oliver Cooke , Richard Marshall
Issue: 8040 / Categories: Features , Contempt
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The concept of reckless falsity has been rejected by the Court of Appeal: Sam Thomas, Manon Huckle, Oliver Cooke & Richard Marshall assess some key takeaways for contempt of court applications
  • For permission for an application for contempt of court to be granted, the court must be satisfied that there is a strong case that a person knowingly, and so dishonestly, misled the court.
  • The concept of reckless falsity has been rejected.
  • There is no different test or higher standard required of police officers.

Can a reckless misstatement be a contempt of court? Is evidence unchecked and incorrect, under a statement of truth, enough for a potential prison sentence? Or is honest negligence a defence to an allegation of making a false statement?

Reckless falsity

Ten years ago, in Berry Piling Systems Ltd v Sheer Projects Ltd [2013] EWHC 347 (TCC), [2013] All ER (D) 42 (Mar), Mr Justice Akenhead concluded that a reckless disregard for the truth of a statement was sufficient for contempt

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