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NLJ this week: What the law actually says on de-banking

03 November 2023
Issue: 8047 / Categories: Legal News , Banking
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In this week’s NLJ, Jago Russell, partner, Boutique Law, and Ross Ludlow, pupil barrister, Drystone Chambers, explain the reasons behind the trend for de-banking in the UK. While the Nigel Farage debacle captured the headlines, ‘being de-banked is surprisingly common’, the authors write

They explain why higher risks and tougher sanctions for non-compliance make de-banking an obvious choice for banks intent on mitigating their risks. For example, where clients are politically exposed persons (PEPs), banks not only face severe sanctions should their compliance regime be breached but they also face a duty ‘to apply enhanced due diligence, risk assessments and ongoing monitoring on the basis that they pose a heightened risk of money laundering or bribery’. An estimated 90,000 individuals are categorised as PEPs.

The authors look at whether there is a right to a bank account in the UK, and whether proposed reforms will reduce de-banking. 

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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