A litigator's quiz: Second candle of Advent
This week's quiz continues!
4. Dishonest assistance is a classic form of accessory liability for breach of trust. Does liability require personal dishonesty, i.e. the one providing the assistance knows that it is dishonest?Yes
Incorrect.
The correct answer is no.
In Group Seven Ltd v Notable Services LLP [2019] EWCA Civ 614, the Court of Appeal held that the test for dishonesty established in Ivey v Genting [2017] UKSC 67 in the context of cheating applied to dishonest assistance, ie the conduct must in all the circumstances (including taking into account the defendant's knowledge) be dishonest by the standards of ordinary and reasonable people. It is not necessary to prove that the defendant believed it to be dishonest.
No
Correct!
In Group Seven Ltd v Notable Services LLP [2019] EWCA Civ 614, the Court of Appeal held that the test for dishonesty established in Ivey v Genting [2017] UKSC 67 in the context of cheating applied to dishonest assistance, ie the conduct must in all the circumstances (including taking into account the defendant's knowledge) be dishonest by the standards of ordinary and reasonable people. It is not necessary to prove that the defendant believed it to be dishonest.
It depends (a classic lawyer's answer)
Incorrect.
The correct answer is no.
In Group Seven Ltd v Notable Services LLP [2019] EWCA Civ 614, the Court of Appeal held that the test for dishonesty established in Ivey v Genting [2017] UKSC 67 in the context of cheating applied to dishonest assistance, ie the conduct must in all the circumstances (including taking into account the defendant's knowledge) be dishonest by the standards of ordinary and reasonable people. It is not necessary to prove that the defendant believed it to be dishonest.