Reply To: Property ownership and HB/CTB


My old friend R(JSA)1/02 would counter that because the LA must have evidence to back up its inference, in particualar evidence of an active market in investments in a part share of a property where the other shareholder occupies it.

As for S112, its headed “false repesentations” as opposed to S111A which is headed “dishonest representations” so Chris is to an extent correct and I concede that I overstated my case in that S122 does not specifically mention dishonest intent, but as the analysis of S112 in Findlay says:
“If a person forms a false view that no disclosure is required, then provided that view is genuinely held, it cannot be said that he “knows” that disclosure is necessary”

I was always taught that telling lies is dishonest and it was in that context that I cited King