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18 January 2007
Issue: 7256 / Categories: Legal News , EU , Banking
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EU money laundering rules unclear

In brief

Solicitors are in danger of inadvertently committing criminal offences because new money laundering regulations are impossible to interpret in practice, the Law Society warns.

The society also claims that the government’s move to implement the Third Money Laundering Directive will increase the cost to clients of solicitor’s work in dealing with trusts. It is demanding that the government makes regulations with workable definitions of vital terms.

The Directive concerns when solicitors must verify the identity of beneficiaries in trusts. However, the society claims, it fails to provide workable definitions of vital points such as the test to determine when control of assets actually passes to the beneficiary of a trust.
Law Society president, Fiona Woolf, says that a number of the terms in the new EU Directive are unclear, and unless the government clarifies them, in making the regulations, solicitors will have to make extensive inquiries to avoid inadvertently committing a criminal offence. This will only serve to bump up the cost to clients.

She says: “It is unacceptable for the government to pass the responsibility of interpreting the incomprehensible language of this Directive to solicitors. The government must resolve these problems now.”

Issue: 7256 / Categories: Legal News , EU , Banking
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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