False in a material particular Definition

GLOSSARY

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What does False in a material particular mean?

'false' means 'erroneous' and a 'material particular' is one which is significant and not merely trivial or inconsequential.

Significance is to be determined within the particular context. Potential significance may suffice; ie a particular may be material if it may be taken into and not only if it must be taken into account.

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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...

Perjury

Perjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a fine. The elements of the offence are:•being a lawfully sworn witness or interpreter•in judicial proceedings•wilfully making a material statement which is false, and•knowing that it is false or not believing it to be trueAiding, abetting or inciting an offence of perjury contrary to section 1 of the Perjury Act 1911 (PeA 1911) is also an indictable offence subject to the same maximum penalty. If the principal offence is a lesser charge that is triable either way, the maximum sentence on indictment is two years’ imprisonment and/or a fine, or when tried summarily, six months’ imprisonment and/or a fine.Lawfully swornThe defendant must have been sworn in lawfully by a court or tribunal empowered to administer oaths. A person who is not a competent witness, but is sworn by mistake, cannot be indicted for perjury.Judicial proceedingsJudicial proceedings include any court, tribunal or person having the statutory power to hear,...

Discover our 25 Practice Notes on False in a material particular

What are the consequences where an acquiring authority fails to serve notice on the correct owner of land which has been compulsorily purchased, where the ownership was incorrectly registered by another person?

What are the consequences where an acquiring authority fails to serve notice on the correct owner of land which has been compulsorily purchased, where the ownership was incorrectly registered by another person? Requirements to serve notice of CPO on qualifying persons—s 12 ALA 1981 In addition to public notices, under section 12 of the Acquisition of Land Act 1981 (ALA 1981) an acquiring authority is required to serve notice on every 'qualifying person', ie on every owner, leaseholder, tenant and occupier of land within the compulsory purchase order (CPO) area, and any other person who may have a right to claim compensation because of owning rights in the land, or their land being affected financially. Requirement to publish site notice—s 11 ALA 1981 In light of the difficulties inherent in identifying all relevant people, the ALA 1981, s 11 requires site notices to be published in newspapers. The notices must be fixed to a conspicuous object or near the land, and be addressed to persons occupying or having...

Where a company has applied for a generation licence and after submission of the application (but prior to licence award) the applicant company undergoes a change in control, how will this impact the licence application?

Where a company has applied for a generation licence and after submission of the application (but prior to licence award) the applicant company undergoes a change in control, how will this impact the licence application? This Q&A is limited to cover the relevant provisions of the Electricity Act 1989 (EA 1989), the Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2010, SI 2010/2154 (the Regulations) and Ofgem’s Guidance for gas and electricity licence applications (Ofgem Guidance). We have not considered the standard generation licence conditions given you are focussed on the pre-licence grant position. We have focussed on the Regulations and the schedule thereto, the Ofgem Guidance and EA 1989, ss 6A and 59. At the point at which an application for a generation licence is made to Ofgem, among other things details of directors, the ultimate holding company, parent undertaking, and controlling persons/shareholders (in each case as applicable) of the licence applicant need to be provided. The pro...

See the 3 Q&As about False in a material particular

Court dismisses challenge to decision to revoke CLOPUD on basis of materially false information (R (Mehta) v RB Kensington & Chelsea)

Planning analysis: In R (Mehta) v RB Kensington & Chelsea, the court dismissed a challenge to a decision by RB Kensington & Chelsea to revoke a certificate of lawful proposed use or development (CLOPUD) on the basis that the information submitted with the application was materially false. CLOPUDs are seldom revoked and challenges to decisions revoking CLOPUDs are rarer still. The case illustrates the principles that apply in the exercise of the power to revoke a CLOPUD Written by John Litton KC, barrister, Landmark Chambers.

Confiscation (R v Saroya)

Corporate Crime analysis: The Court of Appeal held that, on the facts, an offence contrary to section 111A(1)(b) of the Social Security Administration Act 1992 (SSAA 1992) in which the particulars of the charge had been pleaded by reference to the provision of a false document by the defendant on one particular date was capable of being committed over a period of at least six months. Therefore, it had been appropriate for the Crown Court to apply the assumptions within section 10 of the Proceeds of Crime Act 2002 (POCA 2002) when assessing the extent of the defendant’s benefit. Written by Sarah Wood, barrister at 5 St Andrews Hill.

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