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

Herbert Smith Freehills LLP
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United Kingdom
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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
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United Kingdom
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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

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

Herbert Smith Freehills LLP
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United Kingdom
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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
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United Kingdom
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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"

Shah and anor v HSBC Private Bank (UK) Limited 2010 EWCA Civ 31

Herbert Smith Freehills LLP
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United Kingdom
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February 16 2010

In December 2009, Hamblen J gave a summary judgment in the case of Shah and Another v HSBC Private Bank (UK) Limited against Mr Shah (and his wife

Smoke in the hall of mirrors: good news for defendants in Sinclair v Versailles 2011 EWHC Civ 347

Herbert Smith Freehills LLP
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United Kingdom
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June 8 2011

The Sinclair v Versailles decision has extinguished any prospect that a victim of a fraud has a proprietary claim to a fraudster’s secret profits

Court of Appeal rules that identity of employees making money laundering reports can be redacted when disclosing documents in Shah and another v HSBC Private Bank (UK) Limited 2011 EWCA Civ 1154

Herbert Smith Freehills LLP
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United Kingdom
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November 17 2011

The case concerns an interim application regarding the disclosure of documents by HSBC, in the context of proceedings brought by Mr Shah and his wife against HSBC seeking damages for breaches of duty and failure to follow his instructions to process transactions whilst the bank’s requests for consent under the Proceeds of Crime Act 2002 (POCA) were pending with the Serious Organised Crime Agency (SOCA

Review of 2009 and preview of 2010

Herbert Smith Freehills LLP
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European Union, United Kingdom
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January 15 2010

The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty

Relevance not sufficient for standard disclosure

Herbert Smith Freehills LLP
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United Kingdom
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November 1 2011

The Court of Appeal has reiterated the distinction between the broad discovery regime that applied before the introduction of the Civil Procedure Rules (“CPR”) in 1999 and the more limited requirements under CPR “standard disclosure”

General counsel update: 31 May 2012

Herbert Smith Freehills LLP
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Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
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May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

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Search results

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

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

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

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

Shah and anor v HSBC Private Bank (UK) Limited 2010 EWCA Civ 31

Smoke in the hall of mirrors: good news for defendants in Sinclair v Versailles 2011 EWHC Civ 347

Court of Appeal rules that identity of employees making money laundering reports can be redacted when disclosing documents in Shah and another v HSBC Private Bank (UK) Limited 2011 EWCA Civ 1154

Review of 2009 and preview of 2010

Relevance not sufficient for standard disclosure

General counsel update: 31 May 2012

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