Banker's Duty Of Confidentiality

The Mauritian Supreme Court re-affirms banks' statutory duty of confidentiality towards their customers

A bank's duty of confidentiality to its customers, as well as the obligation on banking institutions to preserve the details and secrets of its clients, are long-established principles. Whilst some may argue, on the basis of the Norwich Pharmacal principles, that they are entitled by law to request the disclosure of limited information from banking institutions, the Mauritian Chief Justice has recently clarified the position of the bank in respect of its overriding duty of confidentiality towards its clients and any possible latitude towards disclosure.

In the present article, we probe into how the Mauritian Supreme Court in Stanford Asset Holding Limited & Anor v Afrasia Bank Limited 2022 SCJ 333 safeguarded the statutory duty of confidentiality imposed on banks towards its customers faced with a "no-objection" by the bank.