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A question of trust

24 May 2013 / Simon Love
Issue: 7561 / Categories: Features , Regulatory
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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

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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