The defendant appealed against his conviction for fraud under the 2006 Act, saying that the judge had wrongly failed to give a Ghosh direction. As a solicitor he had organised a scheme for buying properties, obtaining finance by the nomination of third parties as fronts. He said that though he was acting in breach of different professional protocols, the sums were fully secured and had been repaid without additional risk to the lender, and he had not acted dishonestly.
Held: A special court was held to consider whether a Ghosh direction was appropriate.
Judges:
Hughes P QBD
Citations:
[2012] EWCA Crim 500
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Midland Bank Plc v Cox McQueen (A Firm) CA 26-Jan-1999
Solicitors were instructed by the bank to obtain the signature of a client and of his wife to a motgage. The deed was signed by the husband and a woman pretending to be the wife.
Held: The court said that it was asked whether the bank intended . .
Cited – Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co CA 21-May-1998
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because . .
Cited by:
Cited – Ivey v Genting Casinos (UK) Ltd (T/A Crockfords) SC 25-Oct-2017
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 23 May 2022; Ref: scu.452139