Knowing Assistance (Lionel Smith, 27 Feb 1997)

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Sender:	Lionel Smith
Date:	Thu, 27 Feb 1997 09:52:01
Re:	Knowing Assistance

Greetings to all, and welcome to new members.

There is a case note at [1996] Conv. 447 by John Stevens on Brinks Ltd. v. Abu-Saleh (No. 3), an unreported ChD case on knowing assistance.

Issue: where a woman accompanies her husband (along with the kids) on trips from England to Switzerland, where he is involved in laundering the proceeds of an armed robbery, is she "assisting" for the purposes of knowing assistance? Answer: no.

Obiter issue: does she have the requisite dishonesty where she thought the trips were some kind of tax scam and did not know anything about the robbery or the laundering? Answer: semble, no.

Lionel Smith

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