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03 November 2023
Issue: 8047 / Categories: Legal News , Banking
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NLJ this week: What the law actually says on de-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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
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