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Lying / Clueless copper cost us £100


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Ghosh does not set out a definition of dishonesty, but merely provides a test for establishing it.

 

Ghosh has to be read in the light of earlier cases such as Gilks; which established a purely subjective test. Ghosh however questions Ds actions with regard to the opinions of reasonable people - would they see it as dishonest and did D know that they would see it as dishonest?

 

The test in Ghosh still applies to Fraud, much to the dismay of some (including the law commission in thier consultation on the matter.)

 

Yup, my bad. Sloppy on my part.

If anything I say on this forum is construed as advice, it's probably worth almost as much as you paid me for it

 

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I think your point still stands though.

 

It would have to be shown that there was dishonesty with the intent to cause loss/ gain blah blah...

 

Yup. I though I'd added that [and more!] to my message, but it seems to have been eaten in the ether twixt here and there.

If anything I say on this forum is construed as advice, it's probably worth almost as much as you paid me for it

 

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