The plaintiff complained as to the provision of references by his bank. The bank said he had given an implied permission through the bank which had made the request. Later changes in the bankers code of practice would have required explicit written consent. Held: The bank had failed in its duty of disclosure of the … Continue reading Turner v Royal Bank of Scotland Plc: CA 24 Mar 1998
The Ombudsman had found that the applicant had unfairly failed to notify its customers of the availability of better accounts, once it discontinued accounts of one type. The Society appealed saying that the finding of unfairness arose from matters outside the scope of the Code. Held: The finding did go outside the strict range of … Continue reading Norwich and Peterborough Building Society, Regina (on the Application of) v Financial Ombudsman Service Ltd: Admn 14 Nov 2002
The claimant sought damages for an alleged negligent mis-statement by his bankers when giving a reference. He sought leave to appeal. Held: Leave was refused. The claimant had not established either that the bank had broken its duty of care to the claimant, or that he had suffered any loss. Citations: [2001] EWCA Civ 64 … Continue reading Turner v Royal Bank of Scotland Plc: CA 23 Jan 2001
The bank replied to several enquiries as to the customer’s credit status without first seeking the customer’s consent. It claimed that this was general practice at the time. Held: The practice fell short of being ‘notorious’ or well known, and was a breach of confidentiality. Judges: Chadwick LJ Citations: Gazette 06-May-1999, [2000] BPIR 683 Jurisdiction: … Continue reading Turner v Royal Bank of Scotland plc: CA 6 May 1999
The court rejected an argument that because it was the usage of bankers to clear cheques through the clearing house system, the obligation of a presenting banker to present the cheque for collection at the branch of the paying bank where the drawer had his account was discharged by delivery of the cheque to the … Continue reading Barclay’s Bank v Bank of England: 1985
A partner in a firm of solicitors stole money from them, and spent it gambling with the defendants. The firm sued also their banker, who had been held to be aware of the defaulting partner’s weaknesses and activities. Held: The solicitors could not recover from the gambling house. The defendants gave valuable consideration in good … Continue reading Lipkin Gorman v Karpnale Ltd: CA 1989
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The court considered the duty of confidentiality owed by a banker to his client. Bankes LJ said: ‘At the present day I think it may be asserted with confidence that the duty is a legal one arising out of contract, and that the duty is not absolute but qualified. It is not possible to frame … Continue reading Tournier v National Provincial and Union Bank of England: CA 1924
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