[2006] EWCA Civ 1039
The court would not grant an injunction requiring a bank to pay money to a customer’s order, where the bank had reported a suspicion of money laundering and sought consent, nor would the court permit cross-examination as to the grounds for the bank’s suspicion; it was a subjective test and there was no legal requirement that there should be reasonable grounds for suspicion. The bank had adopted the correct procedure to avoid a tipping off offence, when application was made for the injunction, by instructing solicitors to write pursuant to section 333 (2) (c) and (3) of the Proceeds of Crime Act 2002 identifying the bare fact that the bank had made a disclosure to Customs.
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