| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 176 (Feb) |
| Neutral Citation: | [2005] EWHC 160 (Ch) |
| Court: | Chancery Division |
| Judge: | Nicholas Warren QC sitting as a deputy judge of the High Court |
| Representation | Simon Adamyk (instructed by Pini Bingham & Partners) for the claimant. |
| The defendants appeared in person. | |
| Judgment Dates: | 11 February 2005 |
Catchwords
Bills of exchange - Cheque - Presentation - Liability for dishonoured cheque - Liability for cheques not presented - Consideration of relevant legal principles - , s 46(2)(c) - , s 349(4).
The Case
On the claimant company's application for the payment of certain cheques pursuant to s349(4) of the the court decided that the defendants were personally liable for the payment of those cheques in circumstances where, inter alia, the conditions necessary for dispensation with presentment for payment set out in s46(2)(c) of the had been fulfilled in respect of the two cheques which had not been presented.
Practice Areas
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