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R V Ghosh
''R v Ghosh'' 982EWCA Crim 2is an English criminal law case setting out a test for dishonesty">dishonest conduct which was relevant as to many offences worded as doing an act dishonestly, such as deception, as Theft Act 1968, theft,Theft Act 1968 as mainstream types of Fraud Act 2006, fraud,Fraud Act 2006 and as Social Security Administration Act 1992, benefits fraud. The test has been revised to an objective test, with rare exceptions, by the Supreme Court of the United Kingdom, Supreme Court in ''Ivey v Genting Casinos'' [2017UKSC 67 Facts Dr Ghosh was a surgeon. He was convicted of four offences under the Theft Act 1968 sections 20(2) and 15(1). During his work as a locum surgeon he was paid one set of extra wages and attempted three times to obtain such wages by claiming variously: for work that others had carried out and for work reimburseable to him via the National Health Service. The jury found him guilty. He appealed on the basis that the trial judge had told the jury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dishonesty
Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness. Dishonesty is the fundamental component of a majority of offences relating to the acquisition, conversion and disposal of property (tangible or intangible) defined in criminal law such as fraud. English law Dishonesty has had a number of definitions. For many years, there were two views of what constituted dishonesty in English law. The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind. A clear test within the criminal law emerged from ''R v Ghosh'' (1982) 75 CR App. R. 154. The Court of Appeal held that dishonesty is an element of '' mens rea'', clearly referring to a state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subjectivity
Subjectivity in a philosophical context has to do with a lack of objective reality. Subjectivity has been given various and ambiguous definitions by differing sources as it is not often the focal point of philosophical discourse.Bykova, Marina F. (February 2018). "On the Problem of Subjectivity: Editor's Introduction". ''Russian Studies in Philosophy''. 56: 1-5 - via EBSCOhost. However, it is related to ideas of consciousness, agency, personhood, philosophy of mind, reality, and truth. Three common definitions include that subjectivity is the quality or condition of: * Something being a '' subject'', narrowly meaning an individual who possesses conscious experiences, such as perspectives, feelings, beliefs, and desires. Solomon, Robert C. "Subjectivity," in Honderich, Ted. '' Oxford Companion to Philosophy (Oxford University Press, 2005), p.900. * Something being a ''subject'', broadly meaning an entity that has agency, meaning that it acts upon or wields power over some other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1982 In England
__NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 ''Ab urbe condita''). The denomination 198 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire *January 28 **Publius Septimius Geta, son of Septimius Severus, receives the title of Caesar. **Caracalla, son of Septimius Severus, is given the title of Augustus. China *Winter – Battle of Xiapi: The allied armies led by Cao Cao and Liu Bei defeat Lü Bu; afterward Cao Cao has him executed. By topic Religion * Marcus I succeeds Olympianus as Patriarch of Constantinople (until 211). Births * Lu Kai (or Jingfeng), Chinese official and general (d. 269) * Quan Cong, Chinese general and advisor (d. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barlow Clowes International Ltd V Eurotrust International Ltd
''Barlow Clowes International Ltd v Eurotrust International Ltd'' 005UKPC 37is an English trusts law case, concerning breach of trust and liability for dishonest assistance. Facts Barlow Clowes International Ltd was in liquidation, after its fraudulent securities scheme was exposed. It took £140m of investors’ money, and paid it into an Isle of Man company where Mr Henwood was a director. The liquidator of Barlow Clowes argued that Mr Henwood had dishonestly assisted the dissipation of the investors’ money. The deemster (judge on the Isle of Man) held that Mr Henwood was dishonest. The Court of Appeal held that Mr Henwood was not dishonest, and there was no evidence by which the deemster could have found this. Her disbelief at Mr Henwood’s oral testimony and her inferences were not enough. Advice Lord Hoffmann held Mr Henwood was liable, and the deemster had correctly applied the principles of liability for dishonest assistance. She had stated that Mr Henwood suspected t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Brunei Airlines Sdn Bhd V Tan
is an English trusts law case, concerning breach of trust and liability for dishonest assistance. Facts Royal Brunei Airlines appointed Borneo Leisure Travel Sdn Bhd to be its agent for booking passenger flights and cargo transport around Sabah and Sarawak. Mr Tan was Borneo Leisure Travel's managing director and main shareholder. It was receiving money for Royal Brunei, which was agreed to be held on trust in a separate account until passed over. But Borneo Leisure Travel, with Mr Tan's knowledge and assistance, paid money into its current account and used it for its own business. Borneo Leisure travel failed to pay on time, the contract was terminated, and it went insolvent. Royal Brunei claimed the money back from Mr Tan.See the headnote of the Appeal Cases report, at 995UKPC 4 [19952 AC 378 The Judge held Mr Tan was liable as a constructive trustee to Royal Brunei. The Court of Appeal of Brunei Darussalam held that the company was not guilty of fraud or dishonesty, and so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ivey V Genting Casinos (UK) Ltd T/a Crockfords
is a UK Supreme Court case that reconsidered the test used for determining dishonesty. Facts Phil Ivey, an American professional poker player, played and won a series of games of Punto Banco—a variant of baccarat—at Crockfords Casino in London, owned by Genting Casinos (UK) Ltd. The casino did not pay out the £7.7m he had won, as they believed Ivey had cheated by using edge sorting. Ivey sued the casino to recover his winnings. Both Ivey and the casino agreed that the contract contained an implied term forbidding cheating. Ivey's lawyers argued that the appropriate test for whether cheating occurred was the same for contract as it was in section 42 of the Gambling Act 2005, and that cheating necessitated dishonesty, which had not been shown. At trial, High Court Judge John Mitting held that cheating had occurred and the contract was thus invalid. The Court of Appeal upheld the trial judge's ruling 2–1. Decision The Supreme Court held that Ivey had cheated, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Man On The Clapham Omnibus
The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a civil action for negligence. The character is a reasonably educated, intelligent but nondescript person, against whom the defendant's conduct can be measured. The term was introduced into English law during the Victorian era, and is still an important concept in British law. It is also used in other Commonwealth common law jurisdictions, sometimes with suitable modifications to the phrase as an aid to local comprehension. The route of the original " Clapham omnibus" is unknown but London Buses route 88 was briefly branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term. History The phrase was reportedly first put to legal use in a judgment by Sir Richard Henn Collins MR in the 1903 English Court of Appeal libel case, ''McQui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objectivity (science)
Objectivity in science is an attempt to uncover truths about the natural world by eliminating personal biases, emotions, and false beliefs. It is often linked to observation as part of the scientific method. It is thus intimately related to the aim of testability and reproducibility. To be considered objective, the results of measurement must be communicated from person to person, and then for third parties, as an advance in a collective understanding of the world. Such demonstrable knowledge has ordinarily conferred demonstrable powers of prediction or technology. The problem of philosophical objectivity is contrasted with personal subjectivity, sometimes exacerbated by the overgeneralization of a hypothesis to the whole. For example, Newton's law of universal gravitation appears to be the norm for the attraction between celestial bodies, but it was later refined and extended—and philosophically superseded—by the more general theory of relativity. History The scientific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Health Service (England)
The National Health Service (NHS) is the publicly funded healthcare system in England, and one of the four National Health Service systems in the United Kingdom. It is the second largest single-payer healthcare system in the world after the Brazilian Sistema Único de Saúde. Primarily funded by the government from general taxation (plus a small amount from National Insurance contributions), and overseen by the Department of Health and Social Care, the NHS provides healthcare to all legal English residents and residents from other regions of the UK, with most services free at the point of use for most people. The NHS also conducts research through the National Institute for Health and Care Research (NIHR). Free healthcare at the point of use comes from the core principles at the founding of the National Health Service. The 1942 Beveridge cross-party report established the principles of the NHS which was implemented by the Labour government in 1948. Labour's Minister f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Locum
A locum, or locum tenens, is a person who temporarily fulfills the duties of another; the term is especially used for physicians or clergy. For example, a ''locum tenens physician'' is a physician who works in the place of the regular physician. Other positions can be held as locum, particularly social workers, counselors, nurses and other professionals. ''Locum tenens'' is a Latin phrase meaning "place holder", akin to the French ''lieutenant''. In UK healthcare In the United Kingdom, the NHS on average has 3,500 locum doctors working in hospitals on any given day, with another 17,000 locum general practitioners. On the other hand, GP locums (freelance general practitioners) mostly work independently from locum agencies either as self-employed or via freelance GP chambers based on the NASGP's Sessional GP Support Team (SGPST) model. Some GPs have been employed by the primary care trusts (PCTs) to provide locum cover. However, PCTs were abolished in 2013 and replaced by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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