AG -v- Lewis and Others [2012] JRC 065 (26 March 2012)

AG -v- Lewis and Others [2012] JRC 065 (26 March 2012)

Statements of future intention, if made dishonestly or recklessly, fall within Article 2 of the Investors Prevention of Fraud (Jersey) Law 1967, and are actionable as fraudulent inducements to invest money.

Citation
[2012] JRC 065
Parties
Defendant Advocate: Mr Preston; Defendant Advocate: Mr Tremociero; Defendant Advocate: Mr Jowitt
Jurisdiction
Jersey
Judgment Date
26 March 2012
Procedural Posture
Criminal / Interlocutory Ruling on Submissions
Outcome
submissions rejected
Legal Topics
Fraudulent Inducement, Misrepresentation, Statements of Intention, Statements of Opinion
Criminal Law Fraud Fraudulent Inducement Misrepresentation Statements of Intention Statements of Opinion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mr Preston

Defendant Advocate

Mr Tremociero

Defendant Advocate

Mr Jowitt

Defendant Advocate

Procedural Posture

Criminal / Interlocutory Ruling on Submissions

Legal Issues

  1. 1 Whether a statement of future intention constitutes a statement under Article 2 of the Investors Prevention of Fraud (Jersey) Law 1967
  2. 2 Whether a statement of opinion falls within Article 2

Ratio Decidendi

Statements of future intention, if made dishonestly or recklessly, fall within Article 2 of the Investors Prevention of Fraud (Jersey) Law 1967, and are actionable as fraudulent inducements to invest money.

Court Disposition

submissions rejected

Orders

  • Mr Preston's submissions are rejected.