Q&As

What is the banker’s right of set-off?

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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB)
Published on: 21 July 2016
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The Banker’s right of set-off refers to the right of a bank to combine two or more of a customer’s accounts held with that bank, where one account has a credit balance and the other has a debit balance, in order to give a net position. There is a debate as to whether the right is a standalone legal principle, or a reflection of the accounting reality of the net Liabilities between the customer and their bank. Notwithstanding this debate, the right is subject to a number of well-established limitations.

First, although the right is applicable to accounts held at different branches of the same bank, the customer must hold both accounts in the same capacity. Thus, a bank cannot set-off a debt owed by the customer personally against a credit balance

Richard Hanke
Richard Hanke

Richard is a specialist in complex litigation, with a particular focus on banking, commercial fraud, general commercial disputes, financial services regulation and insolvency. He is described in the directories as ‘very approachable, user-friendly and a pleasure to work with, as well as extremely knowledgeable’ and ‘a capable and consistent performer’. He has been highly commended in Legal Week's list of up and coming ‘Stars of the Bar'.

A focus of Richard’s practice is retail and investment banking disputes. He regularly acts for retail banks in interest rate risk protection product disputes and was sole counsel in Bailey v Barclays Bank Plc [2014] EWHC 2882 (QB), which remains one of the principal reported decisions in the field. He also has extensive experience of litigation relating to derivatives more generally as well as acting as sole counsel and as part of a larger team in proceedings relating to complex financial products and arrangements.

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Jurisdiction(s):
United Kingdom
Key definition:
Banker definition
What does Banker mean?

The term banker may be defined in terms of the business activities of banks.

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