[2009] EWHC 79 (QB)

In order for bank account holders to impugn their bank's decision to make an authorised disclosure under the Proceeds of Crime Act 2002, the customer would have to challenge the good faith of the bank's suspicion since the existence of a suspicion was sufficient to engage the bank's obligations under the Act. In the instant case, the customer had not sought to put good faith in issue and, on that basis, his claim against the bank for failing to timeously carry out his instructions as a result of its obligations under the Act fell to be struck out.

QBD (Hamblen J)

26/01/2009