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9 Lender Liability Under Scots Law for Receipt of Trust Money and Assisting a Breach of Trust

From: Principles of Lender Liability

Parker Hood

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 October 2021

Subject(s):
Dishonest assistance — Knowing receipt — Criminal liability of lenders — Breach of statutory duty — Money laundering — Claims
9.01 Under Scots law, in the ordinary course of things, a customer’s bank (current) account will, normally, be the subject of payments in and payments out, which are necessary for the customer, if trading, to operate2—and, indeed, security may even be taken over book debts of a corporate customer.3 In such circumstances, the bank will be a paying or collecting bank (as well as, possibly, being a secured creditor). Provided it is not aware of any difficulties with the cheques used, or the electronic or other forms of payment in and out of the account, the lender...
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