The guidelines as to the circumstances in which counsel should be restrained from putting forward allegations of fraud, should be applied also in cases involving allegations of malicious falsehood. Counsel should not draft and present a pleading containing an allegation of fraud without both clear instructions to do so, and reasonably credible and admissible evidence to establish a prima facie case of fraud.
Citations:
Times 19-Jun-2001
Jurisdiction:
England and Wales
Legal Professions
Updated: 08 May 2022; Ref: scu.79513
