The liability itself is well established, but the mental element of dishonesty is subject to considerable controversy which sprang from the House of Lords case Twinsectra Ltd v Yardley.
•
What Lord Hutton said in Twinsectra has now been reinterpreted and restated by the Privy Council in Barlow Clowes International v Eurotrust International.
•
The issue was later reconsidered in Twinsectra Ltd v Yardley in the House of Lords, which unfortunately returned a different answer.
•
His Lordship interpreted Lord Hutton's reference to 'what he knows would offend normally acceptable standards of honest conduct' as meaning only that his knowledge of the transaction had to be such as to render his participation contrary to normally acceptable standards of honest conduct.
•
Lord Hutton's reason for adopting the combined test is that a finding by a judge that a defendant has been dishonest is a grave finding, and it is particularly grave against a professional man.
United Nations Transition Assistance Group | United Nations Assistance Mission for Iraq | Supplemental Nutrition Assistance Program | Priority Development Assistance Fund scam | Focus Humanitarian Assistance | Federal Voting Assistance Program | Chinese Development Assistance Council | United Nations Assistance Mission in Afghanistan | Trade Adjustment Assistance | New York Legal Assistance Group | National Assistance Board | Military Assistance Command, Vietnam | Law Enforcement Assistance Administration | Foreign Assistance Act | Emergency Food Assistance Act of 1983 | Communications Assistance for Law Enforcement Act | Civilian Police Assistance Training Team | Writ of assistance | United Nations Assistance Mission for Rwanda | Temporary Assistance for Needy Families | Surface Transportation Assistance Act | Small Enterprise Assistance Funds | Refusal of medical assistance | Priority Development Assistance Fund Scam | Neighborhood Assistance Corporation of America | Military Assistance Advisory Group | Livestock Assistance Program | European Union Border Assistance Mission to Moldova and Ukraine | Disaster Assistance Response Team | Cooperative Forestry Assistance Act of 1978 |