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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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