• A reputation for professional excellence with integrity

    A reputation for professional excellence with integrity

  • Accurate understanding and technical analysis

    Accurate understanding and technical analysis

  • National and International Experience

    National and International Experience

  • 34 years in private legal practice

    34 years in private legal practice

  • A focus on events and consequences, not gossip

    A focus on events and consequences, not gossip

  • Helping lawyers, brokers, accountants, surveyors and other professions

    Helping lawyers, brokers, accountants, surveyors and other professions

  • There when you need him

    There when you need him

Legal Viewpoint December 2017

19 Dec 17

There has been a big change in the courts’ approach to dishonesty in criminal cases. Overturning the customary caselaw test for dishonesty in criminal cases (R v Ghosh (1982), which required examination of the perpetrator’s own understanding of whether he was being honest), in Ivey v Genting Casinos Ltd t/a Crockfords (25 October 2017) involving a casino cheat, the Supreme Court has aligned the criminal law test with civil law:  ie  ascertain the actual state of the individual’s knowledge or belief as to the facts and then determine objectively whether his conduct was honest by the standards of ordinary people. Accordingly, what the defendant subjectively regarded as ‘gamesmanship’ was upheld as dishonest cheating, and therefore theft.

In Howlett v Davies, the Court of Appeal has ruled that a district judge was entitled to find that a civil claimant, who falsely alleged injuries from a low-speed vehicle collision, was fundamentally dishonest (FD), even though the insurers who contested the claim had not formally claimed dismissal on grounds of FD,  because the suggestion of the claimant’s lack of honesty had been raised before and during trial and she did nothing to challenge it.

Meanwhile, In Liverpool Victoria Insurance Company Ltd -v- Mehmet Yavuz and ors, a Judge has warned that solicitors who glibly sign off online portal documents containing ‘statements of truth’, to effect that the allegations (of fault or injury) being made are believed to be true, risk personal investigation and censure.

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Professional Risk Expertise

Mike Willis has worked with a diverse range of professions including...

The FMWL Approach …

  • Accurate understanding and technical analysis;
  • Focus on duty, causal event(s) and consequences; not gossip…
  • Sensitive but objective empathy;
  • Overarching commerciality; and
  • Clear aims, with vision where necessary to explore indirect routes to solutions.