The court considered what would be required to be shown for proof of fraud where recklessness was relied on: ‘Not caring, in that context, did not mean not taking care, it meant indifference to the truth, the moral obliquity of which consists in a wilful disregard of the importance of truth, and unless you keep it clear that that is the true meaning of the term, you are constantly in danger of confusing the evidence from which the inference of dishonesty in the mind is to be drawn-evidence which consists in a great many cases of gross want of caution-with the inference of fraud, or of dishonesty itself, which has to be drawn after you have weighed all the evidence.’
Judges:
Bowen LJ
Citations:
[1891] 2 Ch 449
Cited by:
Cited – Grosvenor Casinos Ltd v National Bank of Abu Dhabi ComC 17-Mar-2008
Banker’s reference no guarantee
An Arab businessman lost pounds 18m at the claimant casino, and wrote scrip cheques against his account with the defendant. The claimant obtained judgment, but being unable to enforce that judgment pursued his bank. The club had used a system where . .
Cited – Grosvenor Casinos Ltd v National Bank of Abu Dhabi ComC 17-Mar-2008
Banker’s reference no guarantee
An Arab businessman lost pounds 18m at the claimant casino, and wrote scrip cheques against his account with the defendant. The claimant obtained judgment, but being unable to enforce that judgment pursued his bank. The club had used a system where . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 10 May 2022; Ref: scu.268067