- The relevance of market practice when assessing dishonesty (Carr v Formation Group plc)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The court refused to permit expert evidence on market practice in order to assist with its assessment of dishonesty in this case. Given that the test for dishonesty is an objective one, it was held that it would not be appropriate to seek to gauge whether a defendant has been dishonest by reference to the standards of any specific industry/market practice. Written by Christopher Snell, barrister at New Square Chambers.
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