UKCA [1924] 1 KB 461
Tournier v National Provincial and Union Bank of England
Type
Case
Court
UK Court of Appeal
Jurisdiction
Dubai International Financial Centre
Taxonomy
Banks, Relationship Between Banker & Customer, Litigation Procedure & Practice, Defamation
Decision date
17 Dec 1923
Catchwords
Banking – Business of Banking – Secrecy, References and Advice – Disclosing State of Customer's Account – Duty Not to Make Disclosure – Without Consent of Customer – Libel and Slander – Pleading, Practice and Relief – Proceedings Before Trial – Pleadings – Statement of Claim – Pleading and Proof of Statement – Proof – In General – Words Must be Proved as Alleged – On Material and Defamatory Part
This case relates to Article 155 of DIFC Law No. 5/2005.
It is an implied term of the contract between a banker and his customer that the bank will not divulge to third persons, without the consent of the customer express or implied, either the state of the customer's account, or any of his transactions with the bank, or any information relating to the customer acquired through the keeping of his account, unless the banker is compelled to do so by order of a court, or the circumstances give rise to a public duty of disclosure, or the protection of the banker's own interests requires it.