Constructive trusts and tipping off

Constructive trusts and tipping off

Author: Daren Allen (2001)

Daren Allen measures up to the tension between the cil and criminal law

(taken from Issue No15 – April 2001

Money Laundering Reporting Officers (`MLRO`) at Financial Institutions are all too aware of the tension that exists between the criminal law provisions relating to tipping off (s.93(D) Criminal Justice Act 1988, as inserted by s.32 Criminal Justice Act 1993) and the potential civil liability that may arise if his or her particular institution deals with the proceeds of serious crime. The decision of the Court of Appeal in The Governor and Company of the Bank of Scotland v. (1) A Limited (2) `Mr B` (3) `C Limited` provides further guidance for financial institutions in this complex area.

Trust Quarterly Review

Trust Quarterly Review

The Trust Quarterly Review is published in partnership with STEP, it discusses matters of interest to trustees and executors with a focus on the particular interests of trust corporations in mind

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