Electronic banking and how courts approach the evidence

Banking systems are so complex, that it is essential for a court to fully understand the weaknesses to be able to assess the evidence when faced with dealing with disputed transactions involving ATMs and on-line banking. A bank will make every effort to restrict the amount of evidence it has to provide to prove its case, but it is for the judge to be aware of the characteristics of electronic evidence, so that a fair trail can be conducted. This article considers the burden of proof in banking cases, and argues that not every court has succeeded in providing a claimant with a fair trial of the evidence.