Comments on: Adrian Delia/Mark Barbara/Chris Cardona/Soho brothels: there’s much more to this story still to be reported

By: Joe Bloggs

Joe Bloggs — Sun, 27 Aug 2017 08:59:00 +0000

If the account is properly designated and maintained as clients’ monies the Court would typically permit release of the account.

There’s no specific legislation (like for example that for financial intermediaries) covering lawyers’ clients accounts but the Trusts and Trustees Act would offer those monies/the bank account a fair amount of protection.

It all boils down to designation (name of the account should clearly indicate that it’s a clients account) and segregation (the lawyer must not use the account for his own money but exclusively that held for clients).

If either is not respected then it would likely not be afforded trust or fiduciary obligations protection.

By: Joseph Ellis

Joseph Ellis — Sun, 27 Aug 2017 08:28:00 +0000

The law does not contemplate such a possibility and the legal office would be breaking the law in giving such an instruction.

By: Spock

Spock — Sat, 26 Aug 2017 22:40:00 +0000

Happy birthday Daphne – and may God bless and protect you always .

By: Carmel Vella

Carmel Vella — Sat, 26 Aug 2017 17:59:00 +0000

In reply to Daphne Caruana Galizia. Many happy returns of the day.

By: Daphne Caruana Galizia

Daphne Caruana Galizia — Sat, 26 Aug 2017 17:57:00 +0000

In reply to Carmel Vella. This is a story telling you that there is more to the story. I'm a little constrained for time today. It's my birthday and I've ended up spending it writing about bloody Adrian Delia.

By: Carmel Vella

Carmel Vella — Sat, 26 Aug 2017 17:55:00 +0000

In reply to Daphne Caruana Galizia. Mark Barbara is mentioned in the title of this part of the story but nowhere else here. His pictures have been removed.

By: Daphne Caruana Galizia

Daphne Caruana Galizia — Sat, 26 Aug 2017 17:39:00 +0000

As you know, it wouldn’t be possible for the law firm to ask for the release of any such funds if the other available funds they have do not make up the amount in the garnishee order.

By: Daphne Caruana Galizia

Daphne Caruana Galizia — Sat, 26 Aug 2017 17:37:00 +0000

What do you mean, falsely involved? Or dropped from the story?

By: Daphne Caruana Galizia

Daphne Caruana Galizia — Sat, 26 Aug 2017 17:30:00 +0000

No, lawyers can’t do that. Fortunately I have one on the premises at weekends and can call out to check these things when asked.

By: Daphne Caruana Galizia

Daphne Caruana Galizia — Sat, 26 Aug 2017 12:48:00 +0000

The heirs can claim it all, even the money in the client accounts. Legally, it is theirs. Then it is a separate legal issue to address claims from the dead person’s creditors. They have to pay the money, as the heirs, but it doesn’t have to be specifically through the client account.

(It’s very convenient having a lawyer on the premises at the weekend.)