Practice and Procedure

(1) JAYESH SHAH (2) SHALEETHA MAHABEER v HSBC PRIVATE BANK (UK) LTD (2012)

PUBLISHED May 16, 2012
SHARE

[2012] EWHC 1283 (QB)

Where a bank suspected a customer of money laundering, an implied term in the bank-customer contract permitted it to refuse to execute a payment instruction pending permission from the Serious Organised Crime Agency under the Proceeds of Crime Act 2002 s.335. Moreover, the bank was not obliged to provide the customer with details of its disclosure to the agency. Where the provision of that information might amount to a "tipping-off" offence under s.333, the bank was obliged to refuse to provide it.

QBD (Supperstone J)

16/05/2012

CATEGORIES