In re McMahon v [1993] JLR 35 (07 April 1993)

In re McMahon v [1993] JLR 35 (07 April 1993)

Confidential information between banker and customer is not protected from disclosure when required in criminal proceedings in Jersey or abroad and disclosure is properly requested by the Attorney General under statute; there is no provision for the customer to challenge such a request.

Citation
[1993] JLR 35
Parties
Customer: McMahon; Applicant: Attorney General
Jurisdiction
Jersey
Judgment Date
07 April 1993
Procedural Posture
Banking/confidential Information Disclosure / Application for Disclosure Under Statute
Outcome
Disclosure ordered
Legal Topics
Banker Customer Confidentiality, Disclosure of Information, Criminal Investigations
Banking Law Criminal Law Banker Customer Confidentiality Disclosure of Information Criminal Investigations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

McMahon

Customer

Attorney General

Applicant

Procedural Posture

Banking/confidential Information Disclosure / Application for Disclosure Under Statute

Legal Issues

  1. 1 Whether banker-customer confidentiality protects information from disclosure in criminal proceedings when requested by the Attorney General under statute
  2. 2 Whether the customer has a right to challenge such a request

Ratio Decidendi

Confidential information between banker and customer is not protected from disclosure when required in criminal proceedings in Jersey or abroad and disclosure is properly requested by the Attorney General under statute; there is no provision for the customer to challenge such a request.

Court Disposition

Disclosure ordered

Orders

  • Bank required to disclose confidential information as requested by the Attorney General