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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - THE LAW AND PRACTICE OF BANKING

THE LAW AND PRACTICE OF BANKING by J. Milnes Holden, LL.B., Ph.D., LL.D., A. I.B., Barrister, Emeritus Professor of Business Law in the University of Stirling. Pitman Publishing Ltd., London. Volume 1: Banker and Customer (4th Edition, 1986, Ixv and 476 pp., plus 7 pp. Appendix and 17 pp. Index) paperback £12.95. Volume 2: Securities for Bankers’ Advances (7th Edition, 1986, xlv and 387 pp., plus 49 pp. Appendices and 16 pp. Index) paperback £12.95.
These two volumes together cover most of the matters which, in law and practice, govern the traditional relationship between banker and customer, including the circumstances in which advances to the customer are secured. The author’s considerable experience in the banking world and his comprehensive consultation with bankers in preparing the volumes make them particularly valuable in their explanation of banking practice. As the law often adopts banking practice as the standard it requires, an elucidation of this for lawyers is essential.
Volume I, “Banker and Customer” discusses a traditional range of legal and practical matters arising in the contract between the banker and customer. The usual banking operations such as the collection and payment of cheques is covered, and there is a short section on other payment systems such as bank giro and credit cards. Having set out the general principles governing the banker and customer relationship, Part III of the volume considers in some detail the law and practice surrounding 19 different types of bank accounts. These range from the accounts of personal customers to those of parochial church councils.
Volume II deals with securities for bankers’ advances. In general works on the law of securities, many of the issues raised by this book are already covered. However, the contribution of this work is, like its companion volume, to give the reader a “banker’s eye view” of procedure and banking policy on the taking and realization of securities. The work also has the great virtue of collecting between two covers the law and practice in relation to securities over land, chattels and intangible property (documentary or otherwise), usually scattered throughout works on land law, sale of goods and assignment of choses in action.
The author has adopted a text which is very easily read and uncluttered with legal references, which are readily available in the footnotes for those who wish to follow up the legal

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