Court of Appeal (England)

Tournier v National Provincial and Union Bank of England

[1924] 1 KB 46119241 min read
The case in brief30-second read
Facts
A bank manager, while trying to recover an overdraft, told the customer's employers that he was in debt and appeared to be dealing with bookmakers. The customer lost his job and sued the bank.
Issue
Whether a banker owes a legal duty to keep the affairs of its customer secret, and what the limits of that duty are.
Held
A banker owes an implied contractual duty of secrecy about the customer's account and affairs. The duty is qualified and may be departed from in four cases: compulsion of law, duty to the public, where the interests of the bank require disclosure, and where the customer expressly or impliedly consents.
Principle
The duty of secrecy is a legal duty with four exceptions: law, public duty, bank interest and consent.
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Facts

  • A bank manager, while trying to recover an overdraft, told the customer's employers that he was in debt and appeared to be dealing with bookmakers. The customer lost his job and sued the bank.

Issue

  1. Whether a banker owes a legal duty to keep the affairs of its customer secret, and what the limits of that duty are.

Held

  • A banker owes an implied contractual duty of secrecy about the customer's account and affairs. The duty is qualified and may be departed from in four cases: compulsion of law, duty to the public, where the interests of the bank require disclosure, and where the customer expressly or impliedly consents.

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Citation

Tournier v National Provincial and Union Bank of England [1924] 1 KB 461

Reported: https://www.uniset.ca/other/css/19241KB461.html. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.