173.
I am bound to say that I have some reservations about Dr Reveley’s “broad brush”
approach, and the need to “form a fuzzy view”. If all she is saying is that, after
identifying all the relevant evidence, one has to stand back and view it as a whole, I
would respectfully agree. She is also right, in my view, to emphasise the difficulty of
trying to reconstruct the precise mental state of a person who is now dead and who
never underwent a serious psychiatric investigation during his lifetime. However,
there are obvious dangers in yielding too readily to the temptations of a soft-edged
approach and losing sight of the precise issue that has to be addressed. In terms of
Banks v Goodfellow, that issue is whether Bane’s admitted delusional disorder
influenced his will in disposing of his property in such a way as to bring about a
disposal of it which he would not have made if of sound mind. Professor Howard was
in my judgment right to say, in his oral evidence in chief, that one does not have to be
fuzzy in the present case, because there is a wealth of written material illustrating the
content of Bane’s delusional thinking. He said that in his view this was a highly
unusual case in terms of the quantity and detail of material that had been made
available to him, and he was very struck how detailed and consistent the delusional
system was that Bane expressed in his writings.
174.
In the course of his cross-examination Mr Simmonds took Dr Reveley through the
evidence apparently showing continuing affection for Zoran on the part of Bane, or a
desire to make provision for him. In chronological order, this evidence is briefly as
follows:
(a) The 1984 Codicil.
(b) A gift of smoked salmon to Zoran in November 1984.
(c) A bank transfer of £500 to Zoran in December 1984.
(d) Jovanka’s evidence that Bane wanted Zoran to take over Transtrade UK Ltd
following his retirement.
(e) Bane’s desire to transfer £100,000 in trust for Zoran in July 1985 (although it
is common ground that he was unable to implement this intention because his UK
bank accounts were frozen in the matrimonial proceedings).
(f) An affectionate birthday note in July 1985.
(g) Correspondence in early 1986 showing that Bane was anxious to see that the
Gleneagles house was safely transferred into Zoran’s name.
(h) Bane’s letter to Zoran dated 16 March 1986, ending “… maybe, one day, our
hearts will meet somewhere in that universe!”
(i) A gift of £50 to Zoran on his birthday in 1986.
(j) Two diary entries in 1992, one referring to an accident when Zoran fell from a
cliff while climbing, with the comment “God save you!!!”, and the other referring
to the incident on the holiday in Italy when Bane broke down and cried at the
tennis club where he had played 20 years before with Zoran.
(k) Bane’s gift of £12,000 to Zoran via Mirjana in 1996.
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