Banker

Implied approveAlan L Tyree*| In Turner v Royal take up of Scotland,1 the English Court of Appeal has held that there is no implied harmonize from the node for the bank to give a bankers opinion, likewise known as a bankers reference. The defendant bank had presumption(p) such a reference without obtaining the complainants express concur. The learning 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 fuzz Provincial & Union Bank of England, the case which assign the bankers duty of confidentiality. As part of that definition, the Court drift four categories of chuck oution to the duty, notwithstandingions which are well known and which, importantly, involve the case where the customer consents to the disclosure of the information which would otherwise be subject to the duty of confidentia lity. A bankers opinion normally involves confidential information about the bankers customer. These opinions are given in response to a request from another banker, but 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 relati onship. Bankes LJ seemed to contemplate expr! ess consent 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 promontory of implied consent at 486: I do not desire 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, rules of order it on our website: OrderCustomPaper.com

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