was transferred to Mr David White, a senior partner in the firm. Mr Trower had by
now retired as senior partner, although he remained as a consultant. His successor as
senior partner was Mr Whittaker Jones.
62.
Mr White had not met Bane before, and they had an introductory meeting over
breakfast at Simpsons where they discussed French impressionist art. Bane impressed
Mr White on this occasion as a “nice” man in both senses of that word, a pleasant,
kindly and stimulating companion on the one hand, and also a precise, intelligent man
who would spot and deprecate insincerity on the other hand. According to Mr
White’s witness statement, he had been told by Mr Trower that Bane “was a learned,
wealthy Yugoslav chemist who could at times be incoherent, but not so as to cause a
problem”. Mr White himself recalls that “incoherence” only manifesting itself once
to him, when during a telephone conversation there was suddenly a brief interlude
while Bane rambled about spiritual matters involving the Virgin Mary before
returning to the business in hand. Mr White stresses that Bane’s instructions to him
were always clear and perfectly rational. Nevertheless, he was evidently sufficiently
concerned to ask Mr Trower’s son Christopher, who was then an articled clerk with
the firm, to carry out some research for him on the law on capacity. This exercise
resulted in a note from Christopher Trower dated 30 November 1989, which dealt
with both the capacity needed to purchase a house and the capacity needed to retain
solicitors. In the light of that research, Mr White says he had no reason to doubt, then
or subsequently, that Bane was fully aware of the nature and quality of his actions,
and fully competent to give instructions. He also says he has no doubt that Bane’s
references to Mr Trower as “St Anthony” were made “in humour, affection and
respect”.
63.
At the end of 1989 Bane was 64 years old and Zoran was 32. He had a house in
London, for the first time since his separation from Mirjana in 1984, and the affairs of
his company, Transtrade UK Ltd, had finally been wound up. He had made the 1989
Will, and was not to make any further testamentary dispositions. It is unnecessary for
me to trace the remainder of his life in chronological order, although there are a
number of episodes to which I will return when describing the evidence of the
witnesses and considering, in more detail than I have so far, Bane’s relationships with
Zoran and with the Conservative Party. For now, it is enough to record that on 14
December 1992 Bane’s mother died, and he himself died on 24 October 2005.
Bane’s Diary of Vital Events
64.
One important document to which I have not yet referred is a typed list, or diary, of
events in chronological order covering the years from 1984 to 1997 inclusive, which
was then extended to cover the next four years up to 2000. This document was
clearly typed by Bane himself – the type face which he used is very distinctive – and
equally clearly it was created retrospectively: the first page is headed “The Vital
(Major) Events During 1984-1997”. There then follow some 29 pages of singlespaced A4 paper, with a left hand column showing dates and opposite them diarystyle entries. These entries, or at least the majority of them, were probably derived
from contemporary diaries which Bane kept, but which unfortunately no longer
survive. The chronology almost always appears to be accurate, and on more than one
occasion witnesses were prepared to accept that the date shown in the document for
an event was more likely to be correct if it conflicted with their own unaided
recollection of when it occurred. Nevertheless, the very fact that the document was