A bank, having been informed that the activities of a customer involved money laundering, found itself in a position where, if it paid out the funds, it would face conviction, but if it failed to do so, it be found to be involved in tipping off the customer.
Held: This is one of the few situations where an application could be made to court for a declaration. The appropriate defendant was the Serious Fraud Office, not the customer. The court would not normally be willing to grant a declaration to save a citizen who was faced with a normal even if difficult commercial decision. Discussing legal privilege: ‘During argument there was discussion as to the extent of the defence provided by section 93D(4). Mr Crow helpfully drew our attention to the similarity between the language of section 93D(4) and the scope of legal professional privilege. Based on this assistance, we conclude that the subsection broadly protects a legal adviser when that adviser is engaged in activities which attract legal professional privilege.’
Judges:
Lord Woolf CJ
Citations:
Times 06-Feb-2001, Gazette 01-Mar-2001, [2001] 1 WLR 754, [2001] EWCA Civ 52
Statutes:
Criminal Justice Act 1988 93A 93B 93C
Jurisdiction:
England and Wales
Cited by:
Cited – P v P (Ancillary Relief: Proceeds of Crime) FD 8-Oct-2003
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief . .
Cited – P v P (Ancillary Relief: Proceeds of Crime) FD 8-Oct-2003
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief . .
Cited – Amalgamated Metal Trading Ltd v City of London Police Financial Investigation Unit and others ComC 3-Apr-2003
The company provided trading services in financial futures. They became concerned as to the integrity of their client, and its relationship with shareholders and other companies where parties came to be arrested for fraud in the US. They sought a . .
Cited – K Ltd v National Westminster Bank Plc and others CA 19-Jul-2006
The bank had declined to act upon a customer’s instructions, reporting its suspicions of criminal activity to the police. Permission was given to proceed but only after a delay. The claimant customer sought its costs.
Held: The customer’s . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Banking
Updated: 08 May 2022; Ref: scu.78158
