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Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 24570
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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If someone knowingly makes a false statement on an

Customer Question

If someone knowingly makes a false statement on an application form for public funding, would that automatically be considered misrepresentation? And if so, would that also mean it is automatically legally considered to be fraud?
Submitted: 10 days ago.
Category: Employment Law
Expert:  Stuart J replied 10 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What is the application form for?

and what have you done?

Customer: replied 10 days ago.
An application form for grant funding.Nothing yet.
Expert:  Stuart J replied 10 days ago.

It’s only three award or attempted fraud there is an element of dishonesty whereby the news that the statement was false and they made the false statement to gain an advantage.

It’s also potentially the offence of obtaining goods or services or money by deception.

So it is not automatically fraud.

It would be up to the receiving organisation whether they continued with the application or simply throw it out summarily.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 10 days ago.
8220; It’s only three award or attempted fraud there is an element of dishonesty whereby the news that the statement was false and they made the false statement to gain an advantage.”Can you explain this another way and/or expand on it for clarification?
Expert:  Stuart J replied 10 days ago.

Apologise for my typos.

It’s only fraud or attempted fraud if there is an element of dishonesty whereby they knew that the statement was false.

If somebody makes a mistake in the statement, then although what they apply for may get rejected, it isn’t fraud or deception because they were not dishonest.  There has to be dishonesty

Customer: replied 10 days ago.
if there was dishonesty (knowingly making false statements) then is it correct that misrepresentation = fraud?
Expert:  Stuart J replied 10 days ago.

Without going into minute detail, and the vagaries of the law, in principle yes, it could then be fraud.  There has to be an element of dishonesty otherwise it isn’t fraud.

Customer: replied 7 days ago.
accidental misrepresentation is not fraud, but purposeful misrepresentation is fraud?If that is correct, how is intent defined/decided?
Expert:  Stuart J replied 7 days ago.

Intent has its ordinary English dictionary definition.  Did they intend to defraud and of course were they acting dishonestly.

Very often the court will also look at reckless misrepresentation as being intentional