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 CJ at 1064, who said that the jury should determine whether

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

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

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
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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
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
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
back-to-top-scroll