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“Confidentiality is the cornerstone of banking. ...
The bank’s duty of confidentiality
At common law a bank is under a duty to keep information relating to a customer’s account confidential. ... In the leading case Tournier v National Provincial & Union Bank of England [1924] 1 KB 461, the plaintiff had an overdraft with the defendant bank. ... Consequently, the employer refused to renew the employment and the plaintiff sued bank for breach of confidentiality. The court held that the bank did owe a duty of confidentiality to its customer. ... J, there are four important exceptions: where disclosure is under compulsion of law; where there is a duty to the public to disclose; where the interests of the bank require disclosure; and where the disclosure is made by the express or implied consent of the customer.
Disclosure under compulsion of law
When a bank is served with a lawful order to disclose information about a customer’s account, the bank is obliged by law to comply with the order. ...
Where the bank is required to keep the order confidential, the express consent of the customer to disclosure of its account with the bank is not required. Barclays Bank Plc v Taylor [1989] 3 ALL ER 563 is an example of where UK law compelled information to be disclosed. ... Here the court authorised it and Mr Taylor sued for breach of confidentiality. The court held that where bank is asked to make disclosure, there is no requirement for further investigation. ...
In Robertson v Canadian Imperial Bank of Commerce [1994] 1 WLR 1493, in order for one of the parties to prove a point, they needed to see evidence about transactions to and from a bank account.
Approximate Word count = 1396
Approximate Pages = 5.6
(250 words per page double spaced)
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