C - Collection
1/4/15
PATEL v NATIONAL WESTMINSTER BANK PLC [2015] EWCA Civ 332
The claimant claimed that the bank had been negligent to lose a cheque after it was paid in for collection and although it would have been dishonoured, the delay in finding it prevented the claimant suing the drawer. The claimant accepted that claim was unsustainable but applied to amend to plead in the alternative that the cheque would have been honoured. The application to amend was refused and the claim dismissed because there was no evidence to suggest that there would have been sufficient funds in the drawer’s account for the cheque to be paid, or even to suggest that there had been a chance of the cheque being paid.
© Copyright 2015 Neil Levy All Rights Reserved. Disclaimer