Paul Marshall Article Appears in Journal of International Banking and Financial Law

Wed, 01 Aug 2012

This article considers the recent first instance judgment in Shah v HSBC [2012] EWHC 1283 (QB), in which Mr Shah at trial failed in each of the claims made by him against the bank, and questions: (i) whether the “workable balance” struck by the Proceeds of Crime Act 2002 in relation to the “consent regime”’ is quite as obvious as the judge held it to be; (ii) whether the implied term identified by the judge might be unjustifiably broad in its scope; and (iii) whether it is obvious that the “consent regime” under POCA is effective in securing the objects of the policy to which it gives effect.
 
Article taken from Journal of International Banking and Financial Law is reproduced by permission of Reed Elsevier (UK) Limited, trading as LexisNexis’.
 

Related articles

Once again, the Home Office has been busy. Having brought in a comprehensive package of regulations, most notably in 2008 and 2012, it now proposes to make further sweeping changes to the way that misconduct and performance procedures are handled....

Date: Wed, 04 Dec 2019
Non-Disclosure Agreements in Financial Remedy Proceedings...

Date: Tue, 19 Nov 2019
This article originally appeared in the AvMA Lawyers Service Newsletter (November&nbs...

Date: Sun, 09 Dec 2018