Tournier v National Provincial & Union Bank of England (1924
As is well known, the great case of Tournier v National Provincial and Union Bank of England held that a bank owes a duty of confidentiality to its customers. The duty extends at least to information concerning account transactions and extends beyond the date of the termination of the banker customer contract. Information attained from other sources, like a credit agency, is also covered by the duty. The duty is not absolute for the bank may disclose information where the disclosure is under compulsion by 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. Tournier had an overdraft with the defendant bank. He had made arrangements to make payments toward the reduction of the overdraft, but after only three installments ceased to make further payments. Tournier was the payee of a cheque drawn by Woldingham Traders Ld. Rather than deposit the cheque in his account with the defendant bank; he indorsed the cheque to a customer of the London City and Midland Bank. The defendant bank came to know about the cheque by virtue of the fact that Woldingham was a customer. Upon seeing the cheque presented
Sometimes the bank is under no direct compulsion to disclose information, but statutory protection is given. This situation arises when a crime may be committed if the information is not disclosed. Another situation where this exception applies is disclosure to credit rating agencies when the customer has failed to make payments on a loan. However, the customer must be notified of this prior to the disclosure but he cannot halt the disclosure unless he makes the payments. - Police & Criminal Evidence Act 1984. Criminal Justice Act 1987 - Set up the Serious Fraud Office to investigate fraud. Companies Act 1985 - Company information required by DTI.
Some topics in this essay:
Justice Act,
Midland Bank,
Bank England,
Court Appeal,
Barclays Bank,
Services Act,
Offences Act,
Traders Ld,
disclose information,
Evidence Act,
Companies Act,
criminal offence,
defendant bank,
criminal justice act,
city midland bank,
london city,
criminal justice,
information customer,
manager rang,
disclose information customer,
exception applies,
london city midland,
compulsion law,
bank disclose information,
midland bank,
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Approximate Word count = 903
Approximate Pages = 4 (250 words per page double spaced)
CUSTOMER SERVICES
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