UKCA [1921] 3 KB 110
Joachimson v Swiss Bank Corpn
Type
Case
Court
UK Court of Appeal
Jurisdiction
Dubai International Financial Centre
Taxonomy
Financial Services & Activities, General Banking & Finance Law, Lending & Security
Decision date
11 Mar 1921
Catchwords
Banking – Business of Banking – Appropriation of Payments; Combining Accounts; Garnishee Orders – Necessity for Demand – Whether Condition Precedent to Action Against Banker on Account – Execution – Analogous Proceedings – Attachment of Debts (Garnishee Proceedings) – Order Nisi – Effect After Service – In General – Position of Judgment Creditor – Current Bank Account Attachable
This case relates to Article 151 of DIFC Law No. 5/2005.
Where money is standing to the credit of a customer on current account with a banker, in the absence of a special agreement a demand by the action against the banker for money lent.
The effect of the service of a garnishee order nisi is to make the garnishee ‘custodier for the court of the whole funds attached.' The service of such an order is a sufficient demand by operation of law to satisfy any right a banker may have as between himself and his customer to a demand before payment of money standing to the credit of the current account (Banks LJ).
The service of the order nisi binds the debt in favour of the judgment creditor (Atkin LJ).