UMBS Online Ltd, Regina (on the Application Of) v Serious Organised Crime Agency and Another: CA 2 May 2007

The bank had reported to the respondent its suspicions about funds it held for the claimant. The accounts were frozen, and the customer now sought a judicial review of the refusal of the Agency to reconsider its decision.
Held: The review was granted. The Agency had to acknowledge the great effect on commercial activities of its decisions, and strike a proper balance between undue interference with individual liberites, and the need constantly to fight crime. However the court could not require the bank to make further disclosure where this might prejudice an investigation. The Agency must keep matters under review and give the bank consent to operate the mandate when there was no longer a reason not to do so. Similarly, the Agency should look at the issue again when a request was received direct from the person affected. To suggest as the Agency did that it could act only on requests from the bank was absurd.


Ward LJ, Sedley LJ, Hooper Lj


[2007] EWCA Civ 406, Times 15-May-2007, [2007] Bus LR 1317




Proceeds of Crime Act 2002 335


England and Wales


Appeal fromRegina (ex parte UMBS Online Ltd) v Serious Organised Crime Agency Admn 2007
The customers bank accounts had been frozen at the request of the respondent agency after the bank had reported what it thought was suspicious activity to the Agency. It sought judicial review of the agency’s refusal to allow the bank to resume . .
See AlsoUMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency CA 21-Mar-2007
Application for leave to appeal against refusal of leave to bring judicial review of a decision of the respondent agency. Leave to appeal was granted, but the matter was returned to the administrative court for review. . .

Cited by:

CitedShah and Another v HSBC Private Bank (UK) Ltd CA 4-Feb-2010
Money laundering suspicion to be explained
The customer sought to sue his bank for failing to meet his cheque. The bank sought to rely on the 2002 Act, having reported suspicious activity on freezing the account. He now appealed against summary judgment given for the bank which had refused . .
Lists of cited by and citing cases may be incomplete.

Banking, Police

Updated: 10 July 2022; Ref: scu.251616