June 2014 #157 – Law Journals

Opinion: Too much information

Marilyn McKeever gives the lowdown on the Fourth Money Laundering Directive ‘Like motherhood and apple pie, combating money laundering and tax evasion must be “a good thing” but it should not be assumed that trusts are automatically used for these purposes.’ Trustees these days could be forgiven for developing a persecution complex. It seems to …

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Pre-Nuptial Agreements: Turning of the tide

Suzanne Todd and Luca Del Panta examine the future of pre-nups in the light of the Law Commission’s report ‘“Needs” in the context of a pre-nuptial agreement can be significantly less than they would otherwise be. But where the guillotine falls in any given case is intensely fact-specific.’ When, in October 2010, the Supreme Court …

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Tax: City limits

The scope of the retainer is in question in Mehjoo v Harben Barker. Kate Rees-Doherty explores the implications ‘This case serves as an important reminder for us all of the need not only to couch our retainer/engagement letters in appropriate terms but also to consider whether there are any specific issues on which we are …

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Inheritance (Provision For Family And Dependants) Act 1975: After Ilott

Miranda Allardice and Ruth Hughes consider the problem of provision for the adult child under s2 of I(PFD)A 1975 ‘While the definition of maintenance may be wide, identifying a need for maintenance does not mean that the same will be satisfied. The important qualifying phrase is “what would be reasonable in all the circumstances of …

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Trustee Costs: Exercising the right to recover

Pullan v Wilson clarifies what is reasonable and proper charging by the professional trustee. Aimee West and Tamasin Perkins investigate ‘Any objections to a trustee’s rates should be made promptly and unequivocally so as to avoid deemed acquiescence to the trustee’s fees.’ The recent judgment in the matter of Pullan v Wilson [2014] is an …

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Book Review: A novel read

Alexander Learmonth weighs up the latest edition of Risk and Negligence in Wills, Estates, and Trusts Readers of this journal will have been eagerly awaiting the second edition of this excellent book. They will not be disappointed. The first edition stated the law as at 1 August 2008 and in this fast-moving area of the …

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Fiduciary Duties: Rigour at all times

Pennyfeathers underscores the stringency of directors’ duties and indicates when the court will lift the corporate veil to provide a remedy for breach. Nicholas Broomfield explains ‘Lord Sumption had affirmed a limited power of the court to pierce the corporate veil in circumstances where a party was abusing corporate personality to evade their obligations.’ The …

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Musings From Manchester: Smash and grab

O T

Geoffrey Shindler finds the idea that HMRC is allowed access to bank accounts without a court order incompatible with our parliamentary democracy ‘HMRC tell us that these powers will affect only 17,000 people a year and only if the debt is over £1,000 and, further, only if there is £5,000 or more left in the …

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