False Definition

GLOSSARY

Published by a UU��ֱ�� Corporate Crime expert

What does False mean?

False may mean 'deceitful' or 'erroneous'.

In the second sense, guilty knowledge or belief does not form an element of 'false', though it may feature in some other way in a criminal offence, eg as a requirement to prove dishonest. Where a number of statements are made which cumulatively create a false impression it is not the less false if, taking each statement individually, it is difficult to show that any specific statement is untrue.

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False statements and failing to inform

Proceedings for offences of false statements and failing to informThe Insolvency Act 1986 (IA 1986) creates a number of offences relating to material omissions and false statements about a bankrupt person's affairs. It also creates an offence of failing to inform trustees about a false debt.All the offences may be tried in the magistrates' court or the Crown Court.For each offence, the burden is on the prosecution to prove that the defendant was 'bankrupt person' at the relevant time.Proceedings for each offence can only be instituted by the Secretary of State or by, or with the consent of, the Director of Public Prosecutions.Proceedings cannot be instituted after a bankruptcy order has been annulled and the bankrupt has been restored to his re-bankruptcy status.Prior to annulment there is nothing to prevent the institution of proceedings.The IA 1986 expressly provides that a bankrupt is not guilty of an offence in respect of any thing done after the discharge of the bankruptcy order.The elements of the offence of material omissions in a statementA...

Fraud by false representation

This Practice Note covers the offence of fraud by false representation. You may also be interested in the following Practice Notes: •Fraud by failure to disclose and abuse of position•Obtaining services dishonestly under the Fraud Act 2006•Possessing or making articles for use in fraud•Conspiracy to defraud•Internal company fraud investigationsFor civil fraud claims, see: Civil fraud—overview.Fraud by false representationFraud by false representation is criminalised under section 2 of the Fraud Act 2006 (FrA 2006), when read in conjunction with FrA 2006, s 1.The elements of the offence are:•making•a false representation •dishonestly •knowing that the representation was or might be untrue or misleading •with intent to make a gain for themselves or another, to cause loss to another or to expose another to risk of lossFraud by false representation applies to a broad range of conduct. No gain or loss need actually be made, and no deception need actually result from a representation for FrA 2006 offences to bite. The offence is complete as soon as the defendant makes a false representation,...

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Intellectual Property Rights (IPR) Schedule

The ScheduleIntellectual Property Rights 1 1.1 [ Copyright works Description of Copyright work Nature of work (eg literary, artistic, databases, etc) Date of creation of work (if already created) [Insert details] [Insert details] [Insert details]

Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result?

What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result? The following questions potentially arise: • has there been an increase in risk which the insured is obliged to disclose during the currency of the policy? • must the information be disclosed at renewal? • does it attract the operation of an exclusion for pre-existing conditions? • has there been any non-disclosure or misrepresentation? The insured’s state of health may be relevant to a wide variety of insurance policies, including long-term policies (eg life assurance, income protection or critical illness) and short-term policies (eg private medical, accident, or travel insurance). Some policies may be fully underwritten at the outset by means of a detailed proposal form. Others may only require minimal disclosure at inception but exclude cover for pre-existing medical conditions and/or require notification of changes in the insured’s health. It is therefore...

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OEP publishes letter of advice to government on EIP review

The Office for Environmental Protection (OEP) has published a letter of advice to the Secretary of State for Environment, Food and Rural Affairs, Steve Reed, concerning the review and update of the government’s Environmental Improvement Plan (EIP). This follows Reed’s announcement of a rapid review of the EIP and his subsequent request for advice from the OEP.

Environmental enforcement round up—16 August 2024

A round-up of the latest environmental enforcement, including a company giving money to Wildlife Trust as part of an enforcement undertaking.

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