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The former head of a big shipping company, Philip Adkins, is suing Coutts - a private wealth management bank in the UK that is used by several members of the royal family. Adkins is suing on the basis that Coutts allegedly kept wrong information about him on file, and that this incorrect information led to him being unnecessarily investigated by US authorities. He is also suing on the basis that Coutts unfairly closed his account.
However, Coutts claims that it never gave this information to US authorities, and that it was actually Adkins who had given this information himself. The bank also points out that companies linked to Adkin’s old business had been hit with sanctions previously.
Analysis
Banks are required to hold detailed records on customers to prevent money laundering and sanction breaches. However, this case demonstrates the tensions that can arise when a customer alleges their account was closed unfairly and that wrong information was being held regarding them. The account being closed in this way is known as debanking, also known as derisking, where banks close customers’ accounts when they appear to pose legal or reputational risks.
What does this mean for the sector?
Banks will likely face growing pressure to verify client data internally, especially given consequences like foreign investigation
Cross-border information flows between UK and US authorities will likely be more scrutinised, raising questions as to what banks can legally share
This case could encourage more customers to bring data protection claims against banks, broadening the range of disputes firms need to prepare for
How to use in applications
Disputes teams at law firms would represent either side in the High Court claim, with Adkins' team needing to prove the records were false and caused him harm, while Coutts' team argues the claim being made is false and that it complied with its obligations.
Data protection teams would advise Coutts on its obligations under UK data protection law, particularly around data accuracy requirements and the process for correcting or deleting records when a customer disputes them.
Financial regulatory teams would advise the bank on how its anti-money laundering and sanctions duties interact with its data protection obligations, since Coutts is arguing these compliance duties justified how it handled Adkins' information..
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