bankers' book

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A record as originally defined by the Bankers' Books Evidence Act 1879 to include ledgers, daybooks, cash books, account books, and all other books used in the ordinary business of the bank. Section 9(2) of the Act, as substituted by the Banking Act 1979, has now extended that definition to include those other records used in the ordinary business of a bank, building society, National Savings Bank, and the Post Office; whether they are in written form or are kept on microfilm, magnetic tape, or any other form of mechanical or electronic data retrieval mechanism. Paid cheques and paying‐in slips retained by a bank after the conclusion of a banking transaction to which they relate do not fall within that definition: Barker v Wilson [1980] 1 WLR 884; Williams v Williams [1988] QB 161. A copy of an entry in a banker's book may be received in all legal proceedings as prima facie evidence of such entry, and of the matters, transactions, and accounts therein recorded, provided it is shown that the book was one of the ordinary books of the bank, that the entry was made in the usual and ordinary course of business, that the book is in the custody and control of the bank, and that the copy has been examined with the original entry and is correct.

Subjects: Law.

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