Hassan Ali Bin Ali Al-Muslimani v Hrach Ghazarian

Hassan Ali Bin Ali Al-Muslimani v Hrach Ghazarian

Notice of dishonour was not required as the bank account had insufficient funds, but the September 2019 agreement may have superseded the cheque obligations; factual and contractual matrix not fully established, so summary judgment cannot be granted at this stage.

Parties
Claimant: Hassan Ali Bin Ali Al-Muslimani; Defendant: Hrach Ghazarian
Jurisdiction
England and Wales
Judgment Date
25 April 2025
Procedural Posture
Civil / Interlocutory Application for Summary Judgment/strike Out
Outcome
Application for summary judgment/strike out adjourned; permission granted to claimant to amend pleadings to include claim based on 2019 agreement; permission for defendant to amend consequentially; further applications required for additional amendments.
Legal Topics
Bills of Exchange, Cheques, Notice of Dishonour, Summary Judgment, Contractual Construction
Commercial Law Bills of Exchange Cheques Notice of Dishonour Summary Judgment Contractual Construction

Case Brief

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Parties

Hassan Ali Bin Ali Al-Muslimani

Claimant

Hrach Ghazarian

Defendant

Procedural Posture

Civil / Interlocutory Application for Summary Judgment/strike Out

Legal Issues

  1. 1 Whether notice of dishonour was required for liability on the cheque under the Bills of Exchange Act 1882
  2. 2 Whether the September 2019 agreement superseded the obligations under the December 2017 cheque
  3. 3 Whether the claimant can amend pleadings to rely on the 2019 agreement

Ratio Decidendi

Notice of dishonour was not required as the bank account had insufficient funds, but the September 2019 agreement may have superseded the cheque obligations; factual and contractual matrix not fully established, so summary judgment cannot be granted at this stage.

Court Disposition

Application for summary judgment/strike out adjourned; permission granted to claimant to amend pleadings to include claim based on 2019 agreement; permission for defendant to amend consequentially; further applications required for additional amendments.

Orders

  • Claimant granted permission to amend pleadings to include claim based on September 2019 agreement.
  • Defendant granted permission to amend pleadings consequentially upon claimant's amendments.