header-logo header-logo

Home Login E-newsletter About us
15 September 2023 / Sam Thomas , Manon Huckle , Oliver Cooke , Richard Marshall
Issue: 8040 / Categories: Features , Contempt
printer mail-detail

A (dis)honest mistake?

© Copyright LexisNexis 2026. All Rights Reserved.
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 of court; and if a person had no idea,

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

Read All
Sponsored by
Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS
Read All
Legal notice: Notice under the Trustee Act 1925

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Emergency lawyers on call as international regulatory actions soar
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
NLJ this week: Employment law’s fine margins
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
NLJ this week: Promises broken on non-molestation orders?
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
NLJ this week: Assisted dying under the legal microscope
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
Copyright © 2026 LexisNexis
back-to-top-scroll