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 practices current at the time, and appeared to have a positive policy of concealing the fact that it had given a reference.
Citations:
[1998] EWCA Civ 529, [1999] Lloyds Rep Banking 231
Jurisdiction:
England and Wales
Citing:
Mentioned – Lipkin Gorman v Karpnale Ltd CA 1989
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 . .
Cited – Tournier v National Provincial and Union Bank of England CA 1924
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 . .
Cited – Barclay’s Bank v Bank of England 1985
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 . .
Cited by:
See Also – Turner v Royal Bank of Scotland plc CA 6-May-1999
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 . .
See Also – Turner v Royal Bank of Scotland Plc CA 23-Jan-2001
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 . .
Lists of cited by and citing cases may be incomplete.
Banking, Information
Updated: 14 November 2022; Ref: scu.144007