On 7 July, Mayer Brown published an article saying that the Court of Appeal has confirmed that the new test for dishonesty that is now applied in civil cases in England and Wales applies equally in criminal cases. It says that there is now no subjective element and no longer will a defendant be able to argue their innocence because they did not realise their actions were dishonest. This clarification has implications for criminal cases of serious fraud, where successful prosecutions of individuals have been thin on the ground. The article says that the most immediate effect of the judgment is that it makes each case much more fact-specific than was the case with the previous Ghosh test. Only time will tell whether this will result in an increase in successful prosecutions of individuals in cases of complex fraud.
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