Squirrell Ltd v National Westminster Bank Plc

Squirrell Ltd v National Westminster Bank Plc

Natwest acted lawfully and in accordance with POCA by freezing Squirrell's account upon suspicion of criminal property; the court cannot order Natwest to operate the account or disclose reasons, as this would contravene statutory provisions and potentially constitute a criminal offence.

Parties
Applicant: Squirrell Ltd; Respondent: National Westminster Bank PLC; Intervenor: HM Customs and Excise
Jurisdiction
England and Wales
Judgment Date
22 April 2005
Procedural Posture
Application / Judgment
Outcome
Application dismissed
Legal Topics
Proceeds of Crime, Account Freezing, Statutory Interpretation, Disclosure Orders
Criminal Law Banking Law Proceeds of Crime Account Freezing Statutory Interpretation Disclosure Orders

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Parties

Squirrell Ltd

Applicant

National Westminster Bank PLC

Respondent

HM Customs and Excise

Intervenor

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether Natwest can lawfully unblock Squirrell's account under s.328(1) POCA
  2. 2 Whether Natwest is obliged to disclose reasons for blocking the account
  3. 3 Interpretation of 'criminal property' and 'suspicion' under POCA

Ratio Decidendi

Natwest acted lawfully and in accordance with POCA by freezing Squirrell's account upon suspicion of criminal property; the court cannot order Natwest to operate the account or disclose reasons, as this would contravene statutory provisions and potentially constitute a criminal offence.

Court Disposition

Application dismissed

Orders

  • No order to unblock Squirrell's account
  • No order for disclosure of reasons for account freeze