NIB court decision viewed as surprising

The recent majority Supreme Court decision in the National Irish Bank case against RTE was described as "surprising" by Mr William…

The recent majority Supreme Court decision in the National Irish Bank case against RTE was described as "surprising" by Mr William Johnston, the author of a new book entitled Banking and Security Law in Ireland. "It is important for the continuing success of the economy that lawful transactions may be conducted in a climate of confidentiality," the banking law expert from solicitors Arthur Cox argued. Mr Johnston maintained that, while full disclosure of wrongdoing should be permitted, the Supreme court decision was made on the basis of an allegation, rather that proof of any wrongdoing by the bank.

Commenting on the case in his book, Mr Johnston said: "There is no denying that there is a high degree of public curiosity as to other persons' financial affairs. It seems, therefore, according to the Supreme Court, that disclosure to the public at large is in the public interest not just where there is wrongdoing but where there is suspicion of wrongdoing."

Launching the book yesterday, a former president of the High Court, Mr Justice Declan Costello, said its influence on the future development of banking law would be considerable. Published by Butterworths, Banking and Security Law in Ireland is a detailed and authoritative guide to the complex area of banking law and the first work in this subject to be published in Ireland.