header-logo header-logo

06 September 2018 / Simon Parsons
Issue: 7807 / Categories: Features , Regulatory
printer mail-detail

Seeking legal certainty

nlj_7807_parsons

Simon Parsons reflects on the dishonesty test as the first anniversary of Ivey approaches

  • The Ivey test of dishonesty.
  • Directing the juries & flawed assumptions.

Until recently there was not a general test of dishonesty that applied, when dishonesty was in question, in both in the civil law and the criminal law. In the civil law the test was objective (after the defendant’s mental state had been ascertained) as set out by Lord Hoffmann in Barlow Clowes v Eurotrust [2005] UKPC 37, [2006] 1 All ER (Comm) 478 at pp 1479-1480 as follows: ‘Although a dishonest state of mind is a subjective mental state, the standard by which the law determines whether it is dishonest is objective. If by ordinary standards a defendant’s mental state would be characterised as dishonest, it is irrelevant that the defendant judges by different standards.’

In the criminal law the test of dishonesty was different and was set out in R v Ghosh [1982] QB 1053 CA, [1982] 2 All ER 689. The judgment was given by Lord Lane

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll