It is ultimately for the court to decide, as it must in the case of the standard of honesty to be expected in dealing of businessmen and trustees, whether or not conduct amounts to cheating. The standard is objective.
Leveson LJ identified the different tests used in civil and criminal cases, and took the view that a review was called for.
Judges:
Hughes, Leveson LJJ
Citations:
[2010] EWCA Civ 1314, [2011] Lloyd’s Rep FC 102
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Starglade Properties Ltd v Nash and Others ChD 26-Jan-2010
. .
Cited by:
Cited – Ivey v Genting Casinos UK Ltd (T/A Crockfords Club) QBD 8-Oct-2014
The claimant, a professional gambler, sued the defendant casino for his winnings. The club replied that the claimant’s methods amounted to a form of cheating, and that no liability arose to pay the winnings.
Held: The claim failed. ‘The fact . .
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.
Insolvency, Trusts
Updated: 26 August 2022; Ref: scu.426038
