Banker

Implied approveAlan L Tyree*| In Turner v Royal ride of Scotland,1 the English Court of Appeal has held that there is no implied succeed from the node for the bank to give a bankers opinion, excessively known as a bankers reference. The defendant bank had condition(p) such a reference without obtaining the complainants express accept. The entropy contained in the reference was understandably obtained from information about the plaintiffs account with the defendant. This settles, at to the lowest degree in England, a chief that originated with Tournier v guinea copper Provincial & Union Bank of England, the case which intend the bankers duty of confidentiality. As part of that definition, the Court coif four categories of chuck oution to the duty, draw offions which are well known and which, importantly, intromit the case where the customer consents to the disclosure of the information which would otherwise be subject to the duty of confidentiality. A ban kers opinion commonly involves confidential information about the bankers customer. These opinions are given in response to a request from another banker, only the request is invariably prompted by an inquiry from a customer of the requesting banker who wishes to do business with the customer who is the subject of the enquiry.

The court in Tournier was aware of the problem of bankers opinions and considered their legal foundation. It was clear that the consent menage was the favoured basis, but expressed no final opinion as to whether that consent could be implied merely from the banker-customer relationship. B ankes LJ seemed to contemplate express conse! nt when he referred to the common instance of the consent exception as where the customer authorises a reference to his banker. (at 473). Lord Atkin clearly considered the point of implied consent at 486: I do not wish to express any final opinion on the practise of bankers to give information as to the affairs of their respective customers, except to say that...If you want to get a full essay, beautify it on our website: OrderCustomPaper.com

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