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    Rights statement: [url] The final, definitive version of this article has been published in the Journal, Legal Studies, ?, (?), pp ?-? 2019, © 2019 Cambridge University Press.

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The honest cheat: a timely history of cheating and fraud following Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67

Research output: Contribution to journalJournal article

Forthcoming
<mark>Journal publication date</mark>28/08/2019
<mark>Journal</mark>Legal Studies
Publication statusAccepted/In press
Original languageEnglish

Abstract

The UK Supreme Court took the opportunity in Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 to reverse the long-standing, but unpopular, test for dishonesty in R v Ghosh. It reduced the relevance of subjectivity in the test of dishonesty, and brought the civil and the criminal law approaches to dishonesty into line by adopting the test as laid down in Royal Brunei Airlines Sdn Bhd v Tan. This article employs extensive legal historical research to demonstrate that the Supreme Court in Ivey was too quick to dismiss the significance of the historical roots of dishonesty. Through an innovative and comprehensive historical framework of fraud, this article demonstrates that dishonesty has long been a central pillar of the actus reus of deceptive offences. The recognition of such significance permits us to situate the role of dishonesty in contemporary criminal property offences. This historical analysis further demonstrates that the Justices erroneously overlooked centuries of jurisprudence in their haste to unite civil and criminal law tests for dishonesty.

Bibliographic note

[url] The final, definitive version of this article has been published in the Journal, Legal Studies, ?, (?), pp ?-? 2019, © 2019 Cambridge University Press.