“Supreme Court revolutionises dishonesty test, abolishing Ghosh's subjective element”
Phil Ivey, a professional gambler, used edge-sorting techniques at baccarat in Genting Casino, winning £7.7 million. The casino refused to pay, alleging cheating. Ivey sued for his winnings, while the casino counterclaimed.
Whether edge-sorting constituted cheating and dishonesty; what test should apply for determining dishonesty in criminal law
Ivey's conduct was dishonest and constituted cheating. The Supreme Court established a new objective test for dishonesty, abolishing the subjective second limb of the Ghosh test.
This case fundamentally reformed the test for dishonesty across criminal law, replacing the long-established Ghosh test with a purely objective standard.
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OSCOLA Citation
Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67, [2018] AC 391
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