Surrey Asset Finance Ltd v National Westminster Bank [2001] EWCA Civ 60 (24 January 2001)

Surrey Asset Finance Ltd v National Westminster Bank [2001] EWCA Civ 60 (24 January 2001)

A drawer who has delivered a cheque to the payee is presumed to have made a valid and unconditional delivery and therefore lacks title to sue in conversion against a collecting bank; summary judgment is not appropriate in these circumstances.

Citation
[2001] EWCA Civ 60
Parties
Claimant/applicant: Surrey Asset Finance Ltd; Defendant/respondent: National Westminster Bank
Jurisdiction
England and Wales
Judgment Date
24 January 2001
Procedural Posture
Civil Appeal / Second Tier Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Conversion, Summary Judgment, Bills of Exchange, Cheque Collection, Title to Sue
Banking Law Commercial Law Conversion Summary Judgment Bills of Exchange Cheque Collection Title to Sue

Case Brief

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Parties

Surrey Asset Finance Ltd

Claimant/applicant

National Westminster Bank

Defendant/respondent

Procedural Posture

Civil Appeal / Second Tier Application for Permission to Appeal

Legal Issues

  1. 1 Whether a drawer of a cheque who has delivered it to the payee can claim in conversion against a collecting bank that misapplies the cheque
  2. 2 Whether summary judgment should be granted to the claimant in such circumstances

Ratio Decidendi

A drawer who has delivered a cheque to the payee is presumed to have made a valid and unconditional delivery and therefore lacks title to sue in conversion against a collecting bank; summary judgment is not appropriate in these circumstances.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed