The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
An offence of fraud by failure to disclose is committed where a defendant:
failed to disclose information to another person while under a legal duty to do so and
this failure is done dishonestly, and
intended by the failure to make a gain or cause a loss
This offence is focused on the defendant's conduct and intention and it is irrelevant whether anyone was deceived or if there is any actual loss or gain.
The information which is withheld may be trivial or may be only a part of a large volume of material which is disclosed. The offence is committed if any information is not disclosed with the required mental element.
Inadvertence, incompetence or ignorance of a legal duty are not defences to this offence. In these circumstances the defence available is that of no dishonesty. These factors highlight the importance of any comment made or statement provided at interview explaining a client's lack of dishonesty in their failure to disclose. This explanation should be reinforced in any letter of representation sent to the prosecutor so that any potential charge arising from the failure to disclose could be averted.
There is a degree of overlap with the Fraud Act 2006, s 2 (FrA 2006) as any incomplete disclosure of information may be a
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. 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.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.