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03 August 2012 / Simon Goldstone
Issue: 7525 / Categories: Features , Banking , Commercial
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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

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

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