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ARTICLE · 09 JULY 2020

Dishonesty In Complex Fraud Claims

Mayer Brown
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Alistair Graham is a Solicitor Advocate and has represented clients in litigation in the High Court, Court of Appeal, House of Lords Privy Council and Supreme Court

United KingdomCriminal Law
Alistair Graham
Alistair Graham
Chris Roberts
Chris Roberts
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The Court of Appeal has confirmed that the new test for dishonesty that is now applied in civil cases in England and Wales applies equally in criminal cases. Whilst this was generally understood to be the case following the Supreme Court's decision in a civil case, the decision in Barton & Booth v R1 ("Barton") has helpfully confirmed the position in a criminal context.

Previously the prosecution had to prove both that the accused's actions were dishonest according the standards of reasonable and honest people – the objective element – and that, if the accused was dishonest to those standards, that they realised their actions were dishonest according to those standards – the subjective element. Now, there is no subjective element.  No longer will a defendant be able to argue their innocence because they did not realise their actions were dishonest. This clarification has implications for criminal cases of serious fraud, where successful prosecutions of individuals

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