header-logo header-logo

15 September 2023 / Sam Thomas , Manon Huckle , Oliver Cooke , Richard Marshall
Issue: 8040 / Categories: Features , Contempt
printer mail-detail

A (dis)honest mistake?

137526
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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll