Allendale Ltd v Moualem [2004] EWCA Civ 915 (06 July 2004)

Allendale Ltd v Moualem [2004] EWCA Civ 915 (06 July 2004)

The limitation period for a promissory note payable on demand runs from the date of execution, not from the date of demand, and this rule cannot be reconsidered by the Court of Appeal due to longstanding authority and legislative recognition.

Citation
[2004] EWCA Civ 915
Parties
Claimant/applicant: Allendale Limited; Defendant/respondent: Khaldoun Moualem
Jurisdiction
England and Wales
Judgment Date
06 July 2004
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal refused
Legal Topics
Limitation of Actions, Promissory Notes, Speciality Debts
Commercial Law Civil Procedure Limitation of Actions Promissory Notes Speciality Debts

Case Brief

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Parties

Allendale Limited

Claimant/applicant

Khaldoun Moualem

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the limitation period for a promissory note payable on demand runs from the date of execution or from the date of demand
  2. 2 Whether the established rule in Re Brown's Estate should be reconsidered

Ratio Decidendi

The limitation period for a promissory note payable on demand runs from the date of execution, not from the date of demand, and this rule cannot be reconsidered by the Court of Appeal due to longstanding authority and legislative recognition.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Reporting restriction lifted