Supreme Court resets the criminal law test for dishonesty

Charles Thomson (+ 44 (0)20 7919 1879, charles.thomson@bakermckenzie.com) is a partner and solicitor advocate and Henry Garfield (+ 44 (0)20 7919 1180, henry.garfield@bakermckenzie.com) and Andrew Matheson (+ 44 (0)20 7919 1079, andrew.matheson@bakermckenzie.com) are senior associates in Baker McKenzie’s Dispute Resolution Practice Group in London.

In Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67, the Supreme Court directed (albeit in a civil claim) that the two limb Ghosh test for assessing dishonesty in criminal proceedings should be replaced by a purely objective test. Charles Thomson, Henry Garfield and Andrew Matheson of Baker McKenzie assess the Court's reasoning underlying its decision and its potential ramifications for prosecution of offences involving dishonesty.