Question: Once the Bank – Customer relationship is established between a bank and its customer, what follows is that bank owes customer a duty of confidentiality. The Duty of confidentiality however, has diminished over time and is no longer an absolute duty. Explain whether this statement is an accurate reflection of the modern banking law. Structure: As i have made the relevant research: we need to explain the customer- banker relationship and then the landmark case of Tournier v National Provincial and Union Bank of England is essential as it, provided 4 qualifications-exceptions where the Bank discloses customer’s confidential information without breaching the duty of confidentiality. (compulsion by law, public interest, bank’s interest, consent of customer). However, it is must to examine those 4 qualifications in detail (relevant also – money laundering, tax evasion(anti-money laundering act). Human Rights Article 8 also relevant. Then a critical analysis is essential. Below i will attach some notes from the lectures and i will provide you some books and journals i found. The Reference type is OSCOLA. And the FOOTNOTES/References are Included in the Word Limit. Bibliography is excluded in the Word Limit. Books: Recommended book: Ellinger’s Modern Banking Law 5th edn. Banking Law A. Arora Some Journals i found : – Bank Confidentiality, A dying Duty but not dead yet? – Banker’s duty of confidentiality: Dead or Alive, Tara Walsh – Adapting the Qualifications to the Banker’s Common Law Duty of Confidentiality to Fight Transnational crime, David Chaikin
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