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06 September 2018 / Simon Parsons
Issue: 7807 / Categories: Features , Regulatory
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Seeking legal certainty

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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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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