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United Kingdom
proceeds of crime actmandate and customer relationship
K Ltd v National Westminster Bank Plc
[2006] EWCA Civ 1039; [2006] 4 All ER 907
Key Principle
A bank that genuinely suspects that funds in a customer's account are criminal property is entitled, and indeed obliged, to refuse to execute the customer's payment instruction pending an authorised disclosure to the authorities and the obtaining of appropriate consent under sections 328 and 335 of the Proceeds of Crime Act 2002, and incurs no liability to its customer for doing so.
Area of Law
General
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