The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Fraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006 (FrA 2006) offences to bite. The offence is determined entirely by the state of mind and actions of the defendant. If the defendant gets information by making a false representation, intending ultimately to make a gain or cause a loss, they will have committed an offence for the purposes of FrA 2006, s 1.
The elements of the offence of fraud by false representation (FrA 2006, s 2) are that the defendant:
a false representation
knowing that the representation was or might be untrue or misleading
with intent to make a gain for themselves or another, to cause loss to another or to expose another to risk of loss
It is complete as soon as the defendant makes a false representation, if it is made with the necessary dishonest intent. It is irrelevant whether anyone is aware of the representation or is deceived by the representation. TA 1968 offence of deception required that the deception must precede the obtaining of property. Causation had to be proved as part of
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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