Commentary

25 Bankers’ references

BANKING vol 4(1)
| Commentary

25 Bankers’ references

| Commentary

6: REFERENCES

25 Bankers’ references

There is a long-standing practice amongst bankers by which references relating to the integrity or creditworthiness of customers are sought and provided on a gratuitous basis. In Hedley Byrne & Co Ltd v Heller & Partners Ltd1 it was held that a banker owed a duty of care when providing such a reference, both to the banker who requested the information and to the person for whom the information was actually obtained. The giver of the reference successfully excluded liability by providing the information expressly ‘without responsibility’. Such a reference would now be

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