Volume 30 (2009) / Issue 11
This article examines the duty owed by a customer to his bank not to facilitate fraud on his account. It considers the extent to which the nature and scope of this well recognised duty have remained the same despite major changes in the banking industry. It considers the impact on the contract of electronic banking, in particular the introduction of automated teller machines (ATMs) and the use of personal identification numbers (PINs). It questions whether the impact of these banking innovations on the banker–customer relationship. Finally the article considers the Payment Services Regulations 2009 that came fully into force from 1 November 2009. These regulations cover various incidents of the banker–customer relationship and amongst other features, replace the Banking Code.
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