Charities have a difficult line to tread when they receive large legacies through a Will, only to find that the Will is challenged by family members. The case involving the RSPCA and Dr Christine Gill is the latest example. The main problem is that the Trustees of the Charity feel hide bound to do all they can to preserve their position. As so often, it is only the lawyers who benefit from the dispute at the end of the day and some form of specialist mediation/fast track dispute resolution should be compulsory before matters escalate beyond all measure.
You are currently browsing the Paris Smith LLP Legal Blog archives for October, 2009.
A Victimless Crime
October 7th, 2009 by Andrew HeathcockYou can hardly have failed to notice that BAE Systems are in hot water again over certain deals where bribery or corruption is alleged. Legality and morality do, hopefully, mesh together on most occasions but lawyers are usually well advised to advise only on the law. Bribery or corruption has been a criminal offence (if my memory serves me correctly) since the early 20th century and long may it remain. However, it seems to me, that in some cases the crime (as such) has no victim. In a situation where, for example, a “commission” payment is made to an intermediary to “facilitate” a deal – and the main protagonists are well aware of the payment – I can’t see that, even if it is a breach of the law, that public money should be spent in pursuing matters. When does an agent cease to become an agent?