With the courts failing to agree on a single definition of dishonesty, advising clients on the issue is tough for solicitors, says Mike Willis
Like love, ‘dishonesty’ is something you expect to recognise when you come across it. That has been the starting point adopted by judges in most of the reported cases in recent years, when the issue has arisen. The trouble is, when faced with the task of coining a working legal test and definition of dishonesty for use in civil cases, the courts have failed to fix on an unequivocal approach, setting an awkward challenge for lawyers when trying to advise their clients.
