Allendale Ltd v Moualem

Allendale Ltd v Moualem

The rule that limitation for a promissory note payable on demand runs from the date of execution is binding and cannot be reconsidered by the Court of Appeal, especially in light of legislative recognition and intervention; permission to appeal is refused.

Parties
Applicant: Allendale Limited; 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
Promissory Notes, Limitation Periods, Enforceability of Debts Payable on Demand
Commercial Law Limitation of Actions Promissory Notes Limitation Periods Enforceability of Debts Payable on Demand

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Allendale Limited

Applicant

Khaldoun Moualem

Respondent

Procedural Posture

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

Legal Issues

  1. 1 When does the limitation period begin to run for a promissory note payable on demand executed as a deed?
  2. 2 Is the rule in Re Brown's Estate regarding limitation periods for such notes open to reconsideration by the Court of Appeal?

Ratio Decidendi

The rule that limitation for a promissory note payable on demand runs from the date of execution is binding and cannot be reconsidered by the Court of Appeal, especially in light of legislative recognition and intervention; permission to appeal is refused.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Reporting restriction lifted