header-logo header-logo

24 May 2013 / Simon Love
Issue: 7561 / Categories: Features , Regulatory
printer mail-detail

A question of trust

istock_000020568854medium

Solicitors must take care when handling client accounts, warns Simon Love

In Adelle Challinor v Juliet Bellis & Co [2013] EWHC 347 (Ch), the claimants were a collection of high net worth individuals. For many years, they had invested in property schemes devised by a Mr Egan in his capacity as a director of a property advisory and management company Egan Lawson Limited. These schemes usually involved the creation of a property owning SPV which had the word “Albemarle” in its title.

In 2006, Egan Lawson Ltd was purchased by Erinaceous Group Plc and Egan Lawson Ltd changed its name to Erinaceous Commercial Services Ltd (ECS). ECS continued Egan Lawson’s role as a deviser of property transactions for investors and various schemes (Albemarle Shoreham, Albemarle Croydon and others) were devised and implemented by ECS.

Some investors participated in these schemes as equity investors rather than lenders. The schemes were intended to be tax efficient, and often had complex structures.

In Spring 2007, Erinaceous Group Plc alighted upon a transaction involving the purchase of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll