False Definition

GLOSSARY

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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 is motor vehicle or road traffic accident insurance?

What is motor vehicle or road traffic accident insurance? In the UK, motor insurance is a mandatory insurance policy for any vehicle owner or driver unless the vehicle is declared as off the road. There are heavy penalties, both civil and criminal, for uninsured drivers (who are caught). The mandatory insurance regime is intended to protect the general public (including pedestrians and other non-vehicle users) against personal injury and damage caused in a road traffic accident. Types of motor insurance policies The motor insurance market is split into three main types of insurance: third-party only; third-party fire and theft; and comprehensive policies: • third-party only policies provide the minimum level of cover required by the law, namely the Road Traffic Act 1988 (RTA 1988). RTA 1988 mandates that motor insurance must at the very least cover the risk of death, personal injury or property damage to third parties caused by the insured vehicle • third-party fire and theft provides third-party cover as described above but in addition...

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Welsh Government announces proposals to improve planning system

The Welsh Government has announced a series of new proposals to accelerate infrastructure planning decisions of national significance, focusing on renewable energy projects. The Cabinet Secretary for Economy, Energy and Planning, Rebecca Evans, outlined plans to delegate decision-making powers to Planning and Environment Decisions Wales for renewable energy projects up to 50 megawatts, potentially reducing end-to-end decision times by at least 12 weeks. The Welsh Government also seeks to address the shortage of planners at local and national levels and enhance resources for processing Developments of National Significance applications. In addition, it intends to collaborate with industry to develop a sector deal for renewable energy, aimed at removing barriers and improving outcomes for supply chains, skills, employment, and community benefits.

Welsh Government announces updates to building safety reforms and legislation

The Welsh Government has announced updates to building safety reforms in Wales, including progress to reform the design, construction, and occupation of buildings. The updates also include the introduction of tighter regulations for higher-risk buildings and a new regulatory system for registration and oversight of the building control profession. The next stage of reforms will address various aspects, including duty holder roles, gateways, and the golden thread of information, with a consultation scheduled for spring 2025. The government also outlined plans to introduce the Building Safety Bill before the summer recess in 2025, which will establish a new regime focused on the occupation phase of multi-occupied residential buildings, with Local Authorities regulating this phase in collaboration with Fire and Rescue Authorities.

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