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”).
An earlier Court of Appeal judgment, in connection with HSBC’s partially successful attempt to strike out the claim, resulted in the dismissal of a number of ways in which the Shahs had then put their case. The Court of Appeal ruled, however, that HSBC could be required to adduce evidence of its money laundering suspicions and prove these were genuine. The case has been proceeding since that time.