Podcast Location:
Download it here [file size: 36.5 MB]
Categories:
Banking and Financial Services
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to introduce (or refresh) practitioners about how the relationship between a bank and its customer works and what consequences flow from what is essentially a debtor/creditor relationship. The podcast also looks at several financial instruments and how they work, including the cheque, direct debit and credit cards. The podcast also summarises the sources of potential liability for banks and vitiating factors such as undue influence in transactions.

Outcomes:
After completing the course you will:
  • Understand the nature of the banking relationship;
  • Understand the nature of the respective rights and duties owed between a bank and its customer;
  • Understand the circumstances in which a bank could owe overriding duties to a third party;
  • Be aware of the role of the Banking Code in shaping standards in banking practice;
  • Understand how a range of payment methods work;
  • Be aware of the range of orders under which a bank might incur liability.
Level:
Beginner Difficulty: 1 of 5
Classification:
Introduction
Legal Principles
Sources and References:
  • Foley v Hill (1848) 2 HL 28;
  • Shah & Anor v HSBC Private Bank (UK) Ltd [2009] EWHC 79 (QB);
  • Wells v First National Commercial Bank [1998] EWCA Civ 112;
  • Customs and Excise Commissioners v Barclays Bank plc [2007] 1 AC 181;
  • Barclays Bank plc v O'Brien [1994] A.C. 180;
  • Royal Bank of Scotland v Etridge (No 2) [2001] UKHL 44;
  • Office of Fair Trading v Abbey National plc and Others [2009] UKSC 6;
  • Tai Hing Cotton Mill Ltd v Lui Chong Hing Bank [1986] AC 80;
  • Greenwood v Martins Bank Limited [1932] 1 KB 371;
  • Brown v Westminster Bank [1964] 2 Lloyd's Rep 187;
  • Liggett (B) (Liverpool) Ltd v Barclays Bank Ltd [1928] 1 KB 48 at 61;
  • Cheques Act 1958;
  • Box and others v Barclays Bank plc [1998] All ER (D) 108;
  • Kelly v Solari (1841) 9 M. & W. 54;
  • CPR Part 72 (Third Party Debt Orders).
Tags:

This podcast is an introduction to the fundamental relationship between a bank and its customer. It will look at the duties and liabilities involved and a range of everyday financial instruments and how they work.

Podcast last reviewed: 2011-08-30

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