Linwood v Andrews (1888) explained

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]

Notes and References

  1. Linwood v. Andrews and Moove. (1888) 58 LT 612
  2. https://www.judicialcollege.vic.edu.au/eManuals/VCPM/48733.htm Contempt in the face of court (in facie curiae)
  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. https://search.informit.com.au/documentSummary;dn=432475393318553;res=IELHSS Begbie, Tim. Duties of honesty and candour. Legal Briefing, No. 107, Jul 2015: 8-9.
  6. https://newspapers.library.wales/view/3668941/3668944 South Wales Daily News
  7. Mohd Aqib Aslam, Contempt By Lawyers And Its Consequence.