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03 November 2023
Issue: 8047 / Categories: Legal News , Banking
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NLJ this week: What the law actually says on de-banking

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In this week’s NLJ, Jago Russell, partner, Boutique Law, and Ross Ludlow, pupil barrister, Drystone Chambers, explain the reasons behind the trend for de-banking in the UK. While the Nigel Farage debacle captured the headlines, ‘being de-banked is surprisingly common’, the authors write

They explain why higher risks and tougher sanctions for non-compliance make de-banking an obvious choice for banks intent on mitigating their risks. For example, where clients are politically exposed persons (PEPs), banks not only face severe sanctions should their compliance regime be breached but they also face a duty ‘to apply enhanced due diligence, risk assessments and ongoing monitoring on the basis that they pose a heightened risk of money laundering or bribery’. An estimated 90,000 individuals are categorised as PEPs.

The authors look at whether there is a right to a bank account in the UK, and whether proposed reforms will reduce de-banking. 

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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