ON APPEAL FROM THE HIGH COURT OF JUSTICE
(QUEEN'S BENCH DIVISION)
(MR JUSTICE POPPLEWELL)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE MOSES
LADY JUSTICE BLACK
| SHAH & ANR
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Mr R Lissack QC and Mr N Medcroft (instructed by Berwin Leighton Paisner LLP) appeared on behalf of the Respondent.
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Lord Justice Longmore:
"It appears therefore that the allegation is that both C and R decided in advance of the creation of the STR that an STR would be created when each of them had no basis for doing so. Paragraph 13F, which I shall come to, makes clear that this allegation is not only that each of C and R themselves had no relevant suspicion, but that each knew that the other had no relevant suspicion. This then is an allegation of a conspiracy between individuals in different departments to behave dishonestly and in bad faith. There is no motive for such dishonesty or activity alleged anywhere in the proposed amendments."
"If it had been the case that they or either of them [that is C or R] thought that there might be grounds on which others might form a suspicion, they would not in my judgment have been acting dishonestly or, if it is different, in bad faith in putting those matters in a money laundering report in the way in which they did in order for the decision to be made by those above them. However that may be, there is in my judgment no basis in the new material for inferring that either was acting without a genuine suspicion which, one must remind oneself, is concerned with possibilities not probabilities even in its statutory sense in this context. I therefore regard the amendments as speculative, not based on any evidence and having no real prospect of success."
Lord Justice Moses:
Lady Justice Black:
Order: Application dismissed