"LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day"
Advocates
Access all documents on Dishonesty
Dishonesty is to be determined according to the current standards of ordinary, decent people.
The questions to be asked are: (1) was what was done dishonest according to the standards of reasonable and decent people? And (2) must the defendant have realised that what he was doing was dishonest according to those standards?
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Debt relief orders (DROs)—checklist Debt relief orders Debt relief orders (DROs) are an alternative to bankruptcy and are dealt with in sections 251A–251X and Schedule 4ZA to the Insolvency Act 1986 (IA 1986), and supplemented by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Pt 9. They provide protection from debts by prohibiting further legal process against the debtor without the court's permission and, after a year, discharges the debtor from those debts. The big difference between a DRO and bankruptcy is that DROs are available only to debtors with no substantial assets and no income over and above what is necessary for the debtor's 'reasonable needs', and there are no provisions for the collection, realisation and distribution of the debtor's estate on the basis there will be nothing to distribute. As set out in R (on the application of Payne) v Secretary of State for Work and Pensions, DROs are a 'a new and simplified way of wiping the slate clean for debtors who are...
Trustee liability and protection in pensions—checklist Forms of protection • Trustees can be protected from personal liability by: ◦ exoneration clauses ◦ indemnity clauses ◦ insurance ◦ statute Exoneration clauses • An exoneration clause, if effective, will mean that a trustee is exonerated (ie not personally liable) for acts or omissions which are covered by the clause. • Trustees should ensure that an exoneration clause is worded as widely as possible. • Exoneration clauses are construed strictly. • The burden of proof is on trustees to show that an act or omission is covered by the clause. • Exoneration clauses will not exonerate trustees from liability for fraud, dishonesty or deliberate breach of trust. • Exoneration clauses apply to former trustees as well as current trustees. • An exoneration clause in a scheme's trust deed and rules will not protect trustees from liability to persons who are not a party to the trust. Indemnity clauses • Indemnity clauses provide that claims for liability against trustees will be met by another...
Discover our 5 Checklists on Dishonesty
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a defendant:•dishonestly fails to disclose information to another person while under a legal duty to do so, and•with the intention to make a gain or cause a lossThe elements of the offence in section 3 of the Fraud Act 2006 (FrA 2006) must be read in conjunction with the offence creating provision in FrA 2006, s 1.The offence is focused on the defendant's conduct and intention and it is irrelevant whether anyone was actually deceived or if there is any actual loss or gain.There is a degree of overlap with the FrA 2006, s 2 offence (Fraud by false representation) as any incomplete disclosure of information may be a misleading representation. See further, Practice Note: Fraud by false representation.Defining what it means to cause a gain or a lossGain and loss extends only to gain and loss in money or other property, whether temporary or...
The offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. However, low level shoplifting within the meaning of section 22A of the Magistrates’ Courts Act 1980 (MCA 1980) (where the value of the stolen goods does not exceed £200) is triable only summarily. Where a number of low level shoplifting offences are charged at the same time and the aggregated value of the offences exceeds £200, the offence is not deemed to be low-level within the meaning of MCA 1980, s 22A and can therefore be tried either way.In Candlish the Administrative Court held that 'low value' shop theft allegations should not be treated as summary stand-alone offences, notwithstanding their aggregate value, up to the point of plea and allocation. Citing Harvey, the Administrative Court confirmed in Candlish that the phrase, ‘charged on the same occasion,’ in MCA 1980, s 22A(4)(b), refers to the stage at which the offender first appears before the justices to...
Discover our 191 Practice Notes on Dishonesty
Price and service notice—fixed price—general—law firms 1 Legal costs 1.1 There are [two OR three] main elements to the legal costs of [insert brief description of services, eg obtaining a grant of probate and distributing an estate]: 1.1.1 our charges; 1.1.2 expenses we must pay out of your behalf[; OR .] 1.1.3 [costs that you may have to pay another party.] 1.2 Our charges 1.2.1 We charge a fixed price [of £[insert price excluding VAT] OR ranging between £[insert price excluding VAT] and £[insert price excluding VAT] depending on [insert description of the factors that will dictate where in the fixed price range your fees will fall, eg the value and complexity of your matter]]. 1.2.2 [If a matter or transaction does not reach a conclusion, we reserve the right to charge for the work done, using our normal charging basis of £[insert rate] per hour. This applies even where a fixed rate has been agreed for the whole matter.] 1.2.3 Our charges do not...
Letter to complainant—written response—deadlock or final letter [Insert complainant’s name] [Insert complainant’s contact address] Our ref: [insert complaint reference number] Dear [insert complainant’s name] I am writing to confirm I have concluded the investigation of your complaint that I received on [insert date complaint received]. 1 Your complaint The specific issues of your complaint were: [insert details] The investigations I undertook were: [insert details] 2 Our decision Based on these investigations I have concluded that: [insert details] 3 [ Remedy The remedies I think are appropriate are: [insert details] Please contact me by [insert date] to confirm whether you accept my proposed remedies. If you accept my proposed remedies I will ensure [insert details].] 4 Complaining to the Legal Ombudsman [We have been unable to settle your complaint using our internal complaints process. You may have a right to complain to the Legal Ombudsman OR If you are not satisfied with our consideration of your complaint you may be able to ask the Legal Ombudsman to consider...
Dive into our 36 Precedents related to Dishonesty
Can an employer rely on a general IPR indemnity not to infringe third party IPR against the contractor, when they directed the contractor to breach the patent? For the purposes of this Q&A, we have focused on the scenario where the principal (not necessarily as an employer) has an IPR indemnity clause in its favour, from an independent contractor not to infringe third party IPR. With regard to an employer relationship you may have to consider the limits of vicarious liability of the employer too; see Practice Notes: Liability of employers for the acts of their employees and others and Liability for independent contractors. We have limited this Q&A to cover a general overview of the likely defences which the contractor may evoke from the question posed. It should be noted that judgments of the court are not like statutes, and precedents are always, to some degree at least, fact-sensitive. While a case may fall within a principle as enunciated in a judgment, a consideration of...
How can a trade mark owner prevent the sale of counterfeit and stolen goods? Originals or counterfeit In this instance the relevant guidance will vary depending on whether the goods in question are genuine originals or counterfeit, and exactly how the goods are being offered for sale. Stolen or misappropriated goods For guidance in relation to remedies available to the owner of stolen goods, refer to Lexis®PSL Corporate Crime module (subject to subscription). The Practice Note on Theft explains the elements of the offence under the Theft Act 1968 (TA 1968). Theft consists of five elements under the TA 1968, s 1(1), which the prosecution must prove beyond reasonable doubt: • dishonest • appropriation • of property • belonging to another, and • with the intention of permanently depriving the other of it Under TA 1968, s 5(1), property belongs to any person who has possession or control of it or any proprietary interest in it. Theft can be perpetrated against a person in control of...
See the 40 Q&As about Dishonesty
This week's edition of Insurance & Reinsurance weekly highlights includes: War risk insurers held liable for jets stranded in Russia (AerCap Ireland Ltd v AIG Europe SA and another); UK ransomware ban could boost cost of cyber-insurance; UK insurers abusing dishonesty defence, legal body warns; Insurers Using More 'Sweep-Up' Clauses In Policies; Lloyd's broker faces 2027 trial over US$3m bribery scheme; UK needs modern sanctions rules, ex-Lord Chancellor warns; Solvency II—Commission consults on draft delegated decision regarding provisional equivalence for third-country insurers within EU-headquartered groups; plus dates for your diary and key recent cases.
Law360, London: Insurers are using allegations of fraud in a 'scattergun' approach in defending against personal injury claims, the Association of Personal Injury Lawyers (APIL) warned on 5 June 2025.
Read the latest 147 News articles on Dishonesty
**Trials are provided to all ½Û×ÓÊÓƵ content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ½Û×ÓÊÓƵ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234