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31 July 2009 / David Hislop
Issue: 7380 / Categories: Features , Human rights , Banking
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Banks, SARS & the customer

Banks & customers are potential victims in an unhappy balance,
says David Hislop

Part 7 of the Proceeds of Crime Act 2007 (POCA 2002) put banks between a rock and a hard place. The bank has no interest in acting contrary to the needs or interests of their customers upon who they rely for business. Doubtless they have every desire to meet their own contractual duties owed to their customers in the interests of good business. But Pt 7 of POCA 2002 clearly puts the bank between its customer and the legislature.

Even if a bank account did not contain funds which were criminal property and no offence had been committed by the customer, s 328(1) applied where the bank had a suspicion that it was involved in dealing with criminal property; the combined effect of ss 328(2), 335 and 338 is to force a third party in the bank’s position to report its suspicions to the relevant authorities and not to move suspect funds or property for the requisite time period;

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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