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Results: 1-10 of 216

Shah v HSBC: what duties do banks owe their customers when making SARs?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 24 2009

Earlier this year, the High Court considered a claim by a customer against his bank in relation to its failure to process transactions whilst requests for consent under the Proceeds of Crime Act 2002 (POCA) were pending with the Serious Organised Crime Agency (SOCA

Shah v HSBC: Court of Appeal says fact of suspicions of money laundering can be tested at trial

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 12 2010

Last year, HSBC was successful in obtaining summary judgment on a claim brought by one of its customers, Mr Shah (and his wife

The decision in Cadogan Petroleum Plc and Ors v Mark Tolly and Ors

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 17 2011

Following Sinclair v Versailles it is possible to maintain a proprietary claim only to assets which came into the fiduciary’s hands as a result of a transaction about which the principal makes no complaint

Who 'owns' a bribe - the recipient or victim?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 29 2011

The Court of Appeal has given judgment in Sinclair Investments (UK) Limited v Versailles Trading Finance Limited & Others (2011 EWCA Civ 347), firmly dismissing the appeal - and the defendants' cross appeal - from the judgment of Mr Justice Lewison of 30 June 2011

Shah v HSBC: High Court clarifies bank's duties to customers when making SARs

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 22 2012

The High Court has clarified the extent to which banks are required to disclose information to their customers about whom they have made money laundering disclosures or have obligations to such customers which could expose them to liability in the event that the banks' money laundering disclosures causes loss to those customers

Shah v HSBC: Court of Appeal rules that identity of employees making money laundering reports can be redacted when disclosing documents in litigation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 24 2011

This ruling is the latest development in the ongoing Shah v HSBC saga, proceedings brought by Mr Shah and his wife, two Zimbabwean-based customers of HSBC Private Bank (UK) Limited ("HSBC"), for losses allegedly caused as a result of delays whilst HSBC's requests for consent under the Proceeds of Crime Act 2002 ("POCA") were pending with the Serious Organised Crime Agency ("SOCA"

SFO investigations, bribery and corruption

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, United Kingdom, USA
  • -
  • September 5 2012

The SFO has announced that Paul Jennings, former CEO of Innospec Ltd, has pleaded guilty to one charge of conspiracy to corrupt Iraqi public officials and other agents of the Iraqi Government

Corporate crime update - United Kingdom

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • April 12 2013

An Edinburgh solicitor has been jailed for four years for his role in the laundering of £1.8m. Richard Housley was also convicted of income tax fraud

Principal's right to recover a bribe paid to a fiduciary proprietary or personal?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 23 2011

The Privy Council decision of Attorney-General for Hong Kong v Reid 1994 1 AC 324 has generally been taken to hold that a principal has a proprietary right to a bribe paid to a fiduciary

Asia anti-corruption report

  • Herbert Smith Freehills LLP
  • -
  • Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Macau, Malaysia, Mongolia, Myanmar, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, United Kingdom, USA, Vietnam
  • -
  • July 19 2012

Welcome to the first edition of our Asia anti-corruption report