Article summary
This week’s edition of Private Client highlights includes: (1) Analysis of the government’s response to the ‘Modernising Lasting Powers of Attorney’ consultation; (2) Analysis of the Marriage and Civil Partnership (Minimum Age) Act 2022 and its implications for trusts; (3) Whispering Smith v HMRC, in which the FTT applied the Supreme Court decision in Haworth in relation to follower notices; (4) Invest Bank v El-Husseini, where the court held that a transfer of assets by a company cannot necessarily be ascribed to its sole owner or controller for the purposes of section 423 of the Insolvency Act 1986; (5) McGaughey v USSL, in which the claimants sought to bring ESG claims by way of a derivative action; (6) The Jersey Financial Services Commission publication of its first National Risk Assessment of the virtual assets sector in Jersey; (7) Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd and others, a decision which endorses the legitimacy of claiming litigation privilege over clients’ communications...
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