Linwood v Andrews (1888)

Linwood v Andrews (1888) is a landmark case in English Law and a Common law precedent regarding making misleading submissions to a court.[1]

The case related to the lawyer submitting to the court of a false affidavit.[2] with the intent to deceive a court.[3][4][5] Charles Moore was a junior Barrister in the matter between Linwood and Andrews. The court found that [he] had allowed his leader to read affidavits which he knew were untrue, and that Miss Andrews had consequently lost property of considerable value.[6]

The lawyer was convicted of contempt of court, and ultimately sent to prison.[7]

References

  1. ^ Linwood v. Andrews and Moove. (1888) 58 LT 612
  2. ^ Contempt in the face of court (in facie curiae) at 3.4.
  3. ^ The Annual Practice, Volume 1 (Sweet and Maxwell, 1950) page 801.
  4. ^ T Fagbohungbe, liability of lawyer in contempt in facie curiae, 1999
  5. ^ Begbie, Tim. Duties of honesty and candour. Legal Briefing, No. 107, Jul 2015: 8-9. .
  6. ^ South Wales Daily News, 22 March 1888.
  7. ^ Mohd Aqib Aslam, Contempt By Lawyers And Its Consequence.


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