You are here

K Ltd v National Westminster Bank Plc & (1) Revenue & Customs (2) Serious Organised Crime Agency

Where a bank had a suspicion that the money in its customer's account was criminal property so that transferring it would be an offence contrary to s 328 of the Proceeds of Crime Act 2002, the court could not and should not compel the bank by interim injunction to act illegally by complying with its customer’s payment instructions.

28 July 2006

The appellant company (K) appealed against the refusal of its application for an interim injunction requiring the respondent bank (N) to comply with payment instructions given by K. K had entered into transactions to purchase a consignment of mobile phones and to sell the same phones to a Swiss company. The Swiss purchaser had paid the agreed sale price into K’s account with N from an account in the Netherlands Antilles and on the same day K instructed N to pay the purchase price to the seller. N declined to make the payment on the ground that to do so would mean that it would become concerned in an arrangement that it suspected would facilitate the use of criminal property by K within s 328 of the Proceeds of Crime Act 2002. In order to avoid committing a criminal offence, N had therefore made an authorised disclosure to Customs to obtain the appropriate consent. K applied for an interim injunction requiring N to comply with its instructions. The judge refused the application on ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.