Barker v Wilson
| Jurisdiction | England & Wales |
| Judgment Date | 1980 |
| Date | 1980 |
| Year | 1980 |
| Court | Divisional Court |
Evidence - Documentary - “Bankers' books” - Bank's records on microfilm - Whether photographic record “bankers' book” -
A police officer, who was investigating an alleged theft by the defendant over a period of time of moneys from his employer, had seen the statements in the possession of the defendant relating to his account with a bank. Those statements did not include the names of persons to whom cheques had been paid by the defendant and the bank's records giving the names of the payees were on microfilm. The police officer applied to the justices for an order to inspect and take copies of entries in the bankers' books relating to the defendant's account. The justices decided that microfilm was included in the definition of “bankers' books” in section 9 of the Bankers' Books Evidence Act 1879F1 and made an order, under the Act, permitting the police officer to inspect and take copies of entries in the bankers' books including books containing records, whether photographic or otherwise, of the names of all payees of cheques drawn upon the defendant's account.
On appeal by the defendant: —
Held, dismissing the appeal, that the definition of “bankers' books” in section 9 of the Act and the phrase “an entry in a banker's book” in section 4 were wide enough to include any form of permanent record kept by the bank of transactions relating to the bank's business, that where microfilm was used by a bank to record the payment of cheques by photographing the names of the payee and other matters, the microfilm was itself an entry in a banker's book and, accordingly the justices had jurisdiction to order inspection of the bank's records including photographic records.
No cases are referred to in the judgments or were cited in argument.
CASE STATED by North Yorkshire justices sitting at York.
On April 20, 1979, a notice was issued on behalf of the respondent, Detective Constable Michael Wilson, against the defendant, Alan William Barker, that the police officer be at liberty to inspect and take copies of certain entries in the bankers' books at the Parliament Street (York) branch of Barclays Bank Ltd., relating to the account with the bank of the defendant.
The justices heard the application on April 25, 1979, and found that the police officer was a detective officer of the North Yorkshire Police and had the duty of investigating the alleged theft of £38,947.09 from the York Wholesale Fruit Co. Ltd., over a period of 12 to 13 years, terminating on February 27, 1978. The defendant's solicitors agreed to the time and date of the appointment for the defendant to be charged for the convenience of the defendant and the police officer. A notice had been issued to the defendant and the bank, dated April 20, 1979, informing them of the application. On the evidence of the police officer and the witness for the defendant, the defendant had had money to which, prima facie, he was not entitled; indeed he had paid some money back to the company, but a very large amount was still outstanding. Bank statements had been handed by the defendant to the police officer and they were produced to the justices and the justices saw there was a...
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Volkering v Haughton
...evidence as provided for in the Bankers' Books Evidence Act 1879, as amended. Cases mentioned in this report:- Barker v. Wilson [1980] 1 W.L.R. 884; [1980] 2 All E.R. 81; (1980) 70 Cr. App. R. 283. Brady v. Haughton [2005] IESC 54, [2006] 1 I.R. 1. Gavin v. Haughton [2004] IEHC 209, (Unrepo......
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...529 salt-panning was held to be “mining” for the purposes of the Income Tax Assessment Act 1936–1966 (Commonwealth). In Barker v. Wilson[1980] 1 WLR 884: “bankers' books” in section 9 of the Bankers' Books Evidence Act 1879 (42 & 43 Vict c 11) was held to include microfilm. In Nationwide Ac......
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Wheatley and Another v Commissioner of Police of the British Virgin Islands
...case did not fall within the definition of "banker's books", an argument which would have been unlikely to succeed: Barker v Wilson [1980] 1 WLR 884; Williams v Williams [1988] QB 14 The purposes of the Act were threefold: to enable a banker's books to be inspected and copied despite the ......
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Wangzhou Meng v HSBC Bank Plc
...mode of record-keeping can change. Section 9 as enacted referred to “all other books used in the ordinary business of the bank” and in ( Barker v Wilson Barker [1980] 1 WLR 884) the Divisional Court had decided that “book” would include “microfilm” and any other “methods which modern techn......