||All England Reporter
|| All ER (D) 176 (Feb)
|| EWHC 160 (Ch)
Nicholas Warren QC sitting as a deputy judge of the High Court
||Simon Adamyk (instructed by Pini Bingham & Partners) for the claimant.
||The defendants appeared in person.
||11 February 2005
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).
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.
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