Reckless misleading of a professional body or tribunal — where the practitioner was subjectively aware of the risk that a statement was false and consciously disregarded that risk — constitutes professional misconduct justifying a finding that the practitioner is not fit and proper to engage in legal practice, even if the misleading was not deliberate. The distinction between deliberate and reckless conduct may, however, influence the severity of the disciplinary sanction.
The full text is available to signed-in members, including the 1 later case that cites this judgment.