National Crime Agency v N and Royal Bank of Scotland plc

Court of Appeal (Civil Division), Lord Justice Simon, Lord Justice Hamblen and Lord Justice Hickinbottom, 29, 30 March; 7 April 2017

Proceeds of Crime - Money Laundering - Authorised disclosures - Interim Relief - Interim declarations - Proceeds of Crime Act 2002, sections 340 and 335

N is a payment institution providing foreign exchange and payment services to its customers. It held several business accounts with RBS. RBS suspected that the credit balance on certain of those accounts constituted criminal property as defined in section 340 of the Proceeds of Crime Act 2002 ("POCA"). RBS made a suspicious activity report to the National Crime Agency (the "NCA") and sought consent to return the funds in the accounts to N. The NCA granted that consent on 15 October 2015.