ICC FraudNet Global Annual Report 2022: The Ever-Evolving Nature of Fraud and Financial Crime

We are delighted that both Hugh Norbury QC and Dan McCourt Fritz have been invited to contribute to the ICC FraudNet Global Annual Report 2022.  The Members and Strategic Partners of FraudNet have authored and co-authored articles for inclusion in this publication, as well as their colleagues and staff who have assisted them.  

This year's report focuses on The Ever-Evolving Nature of Fraud and Financial Crime: International Insights and Solutions.  The article titled 'The Honest Forger and the Importance of Crying Foul: Insights on Forgery in English Law' can be found at pp. 206-211 in Part Seven of the report which focuses on 'Forgery'.

Abstract

As a matter of English law, are there acts that are so inherently unacceptable that they should be adjudged 'dishonest' by the standards of ordinary decent people even where they are prompted by reputable professional advice? In Re Infund LLP – in respect of which an appeal to the UK Supreme Court was discontinued prior to being heard in October 2021 – that question was answered in the affirmative at first instance. The authors challenge that conclusion, arguing that a proper application of the two-stage test formulated in Ivey v Genting Casinos should have resulted in the claimant in Infund being acquitted of dishonesty. They then go on to consider other recent related developments in English law.

The report is edited by Dr Dominic Thomas-James.

Please click here to access the report.