header-logo header-logo

De-banking: the banks’ response to navigating a regulatory minefield

03 November 2023 / Jago Russell , Ross Ludlow
Issue: 8047 / Categories: Features , Banking
printer mail-detail
145194
Jago Russell and Ross Ludlow explain the reasons behind the trend for de-banking
  • Covers growing trend of banks to ‘de-bank’ customers in order to mitigate risk, which the Nigel Farage debacle highlighted.
  • Banks are expected to police these risks and face severe penalties if they do not, therefore may de-bank clients to protect themselves.

On 2 October 2023, HM Treasury announced ‘tougher rules to stamp out debanking’, promising a public consultation and legislative change in 2024. The announcement followed public concerns about the closure of Nigel Farage’s bank account at Coutts, on the basis of his personal and political views. Farage’s case is, however, just one example of a growing trend. Banks are becoming increasingly risk-averse, utilising their ability to ‘de-bank’ customers as a tool to mitigate a range of risks and to manage their regulatory burdens.

Losing access to banking facilities can have profound implications. Without access to a bank account, individuals and business may be unable to receive or pay salaries, to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Joe Lythgoe

Freeths—Joe Lythgoe

Corporate director with expertise in creative industries joins mergers and acquisitions team

Pillsbury—Peter O’Hare

Pillsbury—Peter O’Hare

Partner hire bolstersprivate capital and global aviation finance offering

Morae—Carla Mendy

Morae—Carla Mendy

Digital and business solutions firm appoints chief operating officer

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
back-to-top-scroll