Source: All England Reporter
Publisher Citation: [2002] All ER (D) 340 (Jan)
Neutral Citation: [2002] EWCA Civ 71
Court: Court of Appeal, Civil Division
Judge:

Ward, Sedley and Longmore LJJ

Representation Steven Berry (instructed by Baker & McKenzie) for the claimant.
  Bernard Eder QC (instructed by Devonshires) for the defendant.
Judgment Dates: 24 January 2002

Catchwords

Bill of exchange - Holder in due course - Bill dishonoured on presentation for payment - Action on bill by drawer - Defendant endorsing bill of exchange on reverse and becoming personally liable - Defendant contending having signed bills on reverse as result of fraudulent representation - Judge finding claimant not party to fraud and entitled to judgment - Whether judge in error - s 29(3).

The Case

A bill of exchange could not be said to be affected by fraud in the absence of a fraudulent misrepresentation. In the instant case, there was no evidence of a fraudulent representation made to the defendant as to his personal liability arising upon signing the back of bills of exchange. In the absence of fraud, the defendant remained liable.

Practice Areas

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