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Patrick Stevens
I hope in the hypothetical case you describe, the advising solicitor is alert to other possible crimes he/she may inadvertently get embroiled in. If the company pays off the PA as described and reduces the CEO's bonus commensurately, will the payment to the PA not represent a taxable benefit in kind? Appropriate advice needed to avoid the solicitor aiding and abetting a fraud on HMRC! And isn't the PA's threat to reveal all to the tabloids, unless paid off, the potential offence of blackmail, contrary to S21 Theft Act 1968? Advising the CEO/company to pay up might be aiding and abetting the PA's crime! To avoid the offence the PA would need to argue that (a) the demand was reasonable and (b) the use of menaces is a proper means of reinforcing the demand - not a particularly easy defence to make out if the motive is revenge. Perhaps the solicitor involved should charge extra as 'danger money'...

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