Granting Perry's appeal, Lady Justice Gloster held: «In my judgment, the judge was wholly
wrong, both
as a
matter of principle and in the particular circumstances
of this case, to have engaged in the kind
of factual determination which he did
as to whether, on the balance
of probabilities, Mr Perry could have brought an «honest» services claim.
I suppose
as a
principle of criminal law, it doesn't
matter whether you think you are breaking the law or not, if it turns out that doing what you thought was
wrong was not prohibited, on a «proper» interpretation
of the relevant statute.