Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness The solicitor’s task in providing independent advice should not be viewed as purely a formality or a charade. They should obtain …
Continue reading "Undue influence: On the side of caution"
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Rushmi Sethi examines clinical negligence claims concerning ophthalmic injuries ‘A doctor is not negligent if there is another responsible body of medical opinion who would have acted in the same way as the treating clinician.’The purpose of this article is to consider the recent case law relating to eye injury claims, considering in particular the …
Continue reading "Eye Injuries: Getting the correct treatment"
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Wills & Trusts Law Reports | January/February 2016 #156In 2000 Mr Robin Symes, an art dealer, sold for US$15m a collection of art deco furniture belonging to the respondent. The respondent did not give her consent to the sale, and Mr Symes had no right to sell the collection. US$10.4m of the sale price was paid to a Panamanian company, Tradesk Limited. Of this, US$10.3m was then paid into an account at the appellant bank through a Liechtenstein foundation called Pataco Foundation. The monies were deposited in the Gibraltar branch of the appellant and credited to the account of Lombardi Corporation, which was a British Virgin Islands company ...
Simrun Garcha discusses the implications of Credit Agricole Corporation and Investment Bank v Papadimitriou [2015] ‘The court accepted the argument that “the arrangement could not have any commercial purpose other than money laundering” and the complex structure involved would have caused a reasonable bank to become suspicious of improper motive.’ The Privy Council’s recent decision …
Continue reading "Money Laundering: Vigilance at all times"
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