N v S & Anor

N v S & Anor

Given the NCA's consent for the return of funds and absence of evidence that the monies are criminal property, the Defendant is protected from criminal liability under POCA for complying with outstanding instructions. The balance of convenience and justice overwhelmingly favours granting an interim declaration and mandatory injunction to protect the Claimant's business and customers.

Parties
Claimant: N; Defendant: S; Interested Party: National Crime Agency
Jurisdiction
England and Wales
Judgment Date
19 October 2015
Procedural Posture
Commercial Court Application / Interlocutory Hearing for Mandatory Injunction and Interim Declaration
Outcome
Interim declaration and mandatory injunction granted
Legal Topics
Money Laundering, Bank Account Termination, Interim Declarations, Mandatory Injunctions
Banking Law Criminal Law Civil Procedure Money Laundering Bank Account Termination Interim Declarations Mandatory Injunctions

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Parties

N

Claimant

S

Defendant

National Crime Agency

Interested Party

Procedural Posture

Commercial Court Application / Interlocutory Hearing for Mandatory Injunction and Interim Declaration

Legal Issues

  1. 1 Whether the Defendant bank was entitled to terminate its banking relationship with the Claimant without notice
  2. 2 Whether the Defendant is protected from criminal liability under POCA for complying with outstanding instructions
  3. 3 Whether an interim declaration and mandatory injunction should be granted

Ratio Decidendi

Given the NCA's consent for the return of funds and absence of evidence that the monies are criminal property, the Defendant is protected from criminal liability under POCA for complying with outstanding instructions. The balance of convenience and justice overwhelmingly favours granting an interim declaration and mandatory injunction to protect the Claimant's business and customers.

Court Disposition

Interim declaration and mandatory injunction granted

Orders

  • Interim declaration that the Defendant will not commit any criminal offence under POCA or otherwise in performing transactions for which instructions were given prior to 1 p.m. on 19 October 2015
  • Mandatory injunction requiring the Defendant to comply with outstanding instructions given prior to 1 p.m. on 19 October 2015