[2010] EWCA Civ 31 Court of Appeal decision following claim for failing to carry out customer’s instructions following notification to SOCA struck out; suspicion was a purely subjective matter, and absent any allegation of want of good faith, did not have to be a reasonable one. The Court of Appeal confirmed the test of suspicion […]
Read MoreShah v HSBC (Update)
[2012] EWHC 1283 (QB) Update: The claim for alleged negligence/breach of contract in reporting of money laundering suspicions failed in the High Court of Justice QBD on 16 May 2012. http://www.bailii.org/ew/cases/EWHC/QB/2012/1283.html
Read MoreRCPO v C
[2010] EWCA Crim 97 A Solicitor – an MLRO during the time a client had laundered fraudulently obtained money through the firm’s client account – was cleared of six counts of money laundering in January 2010, after a judge ruled that a fair trial was impossible due to delays in bringing the prosecution. http://www.bailii.org/ew/cases/EWCA/Crim/2010/97.html
Read MoreR (Faisaltex Ltd) v Preston Crown Court and Others
[2008] EWHC 2832 (Admin) http://www.bailii.org/ew/cases/EWHC/Admin/2008/2832.html
Read MoreFourth EU Money Laundering Directive update
A brief update on developments as we enter the final stages of the legislative process. Read more = http://www.lawsociety.org.uk/advice/articles/fourth-directive-update/?utm_source=emailhosts&utm_medium=email&utm_campaign=AML+-+29%2F01%2F2014
Read MoreMontila (R v Montila)
[2004] UKHL 50 http://www.bailii.org/uk/cases/UKHL/2004/50.html
Read MoreK Limited v National Westminster Bank and others
[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 […]
Read More