Sunday, 4 March 2012

Open letter to Jeff Lustig - Barnet Council legal team regarding conflict of interest

Dear Mr Lustig,

The Barnet Eye blog regularly receives free legal advice from some of the finest lawyers in the land, who are avid readers of the blog. As I am always keen to minimise the costs to the taxpayer, I feel that it is a matter of civic duty to pass this advice on to the council where appropriate. With respect to the issues of conflict of interest, recently exposed by the Barnet Bloggers in relation to
I have received advice that the council should consider the two precident setting case detailed below.
RANDS v OLDROYD [ 1959 ] 1 QB 209
Where the Court specifically ruled on the interpretation of " contracts" , "proposed contracts" , " or any other matter " .
"Any other matter" meant what it says -- it is not to be interpreted narrowly , and not to be applied only to "contracts" or "proposed contracts" but can cover anything --
What also might be useful , is the Test for Dishonesty , being
Rex v Ghosh [ 1982 ] QB 1053
But used in this case , May 2006 P14 of 22 Pages attached for your information. I attach this , [ but have extracted the Paragraph below for your convenience ] might be worth having as the YARDSTICK for Criminal Allegations --
The test or definition of dishonesty was set out in R v Ghosh [1982] QB 1053. 
Dishonesty describes the state of mind and not the conduct of the accused. 
The test is subjective but the standard of honesty to be applied is objective, the standard of reasonable and honest persons. One first applies the standard and then, having so done, one determines whether the accused must have realized that what was being done was, by those standards, dishonest.
I hope this is of some use to the legal department at Barnet Council

Roger Tichborne
Attached document

Test for Dishonesty r v Ghosh May 2006 p14 Of22p (1)


I also copied Council Leader Richard Cornelius and CEO Nick Walkley. I rather hope they take the whole issue rather seriously.

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