header-logo header-logo

03 August 2012 / Simon Goldstone
Issue: 7525 / Categories: Features , Banking , Commercial
printer mail-detail

Torn?

How do banks juggle duty to their customers with money-laundering obligations, asks Simon Goldstone

A bank is contractually obliged to honour its customers’ transaction requests, provided that sufficient funds are in the customer’s account; a bank is obliged by statute not to deal in the fruits of money-laundering, and faces prosecution under the Proceeds of Crime Act 2002 (POCA 2002) if it does so.

Shah v HSBC Private Bank Ltd [2012] EWHC 1283 (QB), [2012] All ER (D) 155 (May) gave a stark illustration of the potential for conflict between these duties: the defendant bank refused to execute certain transactions, on the basis that it suspected the account contained laundered money; those refusals led to the customer sustaining losses; the customer sought to recover those losses—around $300m—in an action for breach of contract.

The recent judgment of Mr Justice Supperstone shows how the courts will assess the bank’s attempts to navigate a safe path between those conflicting duties. In this article I consider the case of Shah and its practical and legal implications.

The transaction

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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
Careless client checks do not automatically make a solicitor dishonest, but deliberately avoiding confirmation of suspected wrongdoing can cross the line
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
back-to-top-scroll