The LLS Resource

Position of briefing/update in Contents:

Chapter no.

Chapter 4

Title of chapter

Misconduct

Heading

SERIOUSNESS

Sub-headings

Dishonesty

Details of briefing(s) to insert or paragraph(s) to substitute:

e.g. Insert new sub-heading after  

N/A

For Appendix:                                  N/A

 

 Text of briefing/update:

[4.74/1]

A finding of dishonesty, especially against a solicitor, should not be made without the most careful consideration of what the solicitor says in his own defence.[1] Imprudence is not dishonest, although imprudence may be carried recklessly to lengths which call into question the honesty of the person making the decision.[2]

 [1] Clydesdale Bank plc v John Workman & Ors (formerly Trading as BPE Solicitors) & Shoosmiths [2016] EWCA Civ 73 at paras 52, 58.

[2] Royal Brunei Airlines v Tan [1995] 2 AC 378 at page 389.