Thursday 9th January 2025
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Comsure operates in:the UK, Jersey, Guernsey

Shah v HSBC Private Bank (UK) Ltd

[2010] EWCA Civ 31

Court of Appeal decision following claim for failing to carry out customer’s instructions following notification to SOCA struck out; suspicion was a purely subjective matter, and absent any allegation of want of good faith, did not have to be a reasonable one. The Court of Appeal confirmed the test of suspicion as set out in the cases of Da Silva and K Limited – a suspicion does not have to be on reasonable grounds, just that the possibility has to be ‘more than fanciful’.

http://www.bailii.org/ew/cases/EWCA/Civ/2010/31.html


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