Tournier v National Provincial and Union Bank of England
Encyclopedia
Tournier v National Provincial and Union Bank of England
[1924] 1 KB 461 was a landmark legal case in the United Kingdom
. It established the conditions under which banks owed confidentiality to their clients, allowing four circumstances wherein banks were not required to guard privacy: where compelled by (1) law, (2) public duty, (3) the interest of the bank, or (4) where the client had consented, even implicitly, to disclosure.
In this case the bank disclosed to its customer's employer the fact that one of the customer's unpaid cheques was drawn in favour of a bookmaker's account. As a result, the customer's employer did not renew his contract with the customer. The Court of Appeal
held that confidentiality was an implied term in the customer's contract and that any breach could give rise to liability in damages if loss results.
National Provincial Bank
National Provincial Bank was a British retail bank which operated in England and Wales from 1833 until its merger into the National Westminster Bank in 1970; it remains a registered company but is dormant...
[1924] 1 KB 461 was a landmark legal case in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It established the conditions under which banks owed confidentiality to their clients, allowing four circumstances wherein banks were not required to guard privacy: where compelled by (1) law, (2) public duty, (3) the interest of the bank, or (4) where the client had consented, even implicitly, to disclosure.
In this case the bank disclosed to its customer's employer the fact that one of the customer's unpaid cheques was drawn in favour of a bookmaker's account. As a result, the customer's employer did not renew his contract with the customer. The Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
held that confidentiality was an implied term in the customer's contract and that any breach could give rise to liability in damages if loss results.