Chestertons v Leisure Ltd. [1985] JLR 271 (19 December 1984)
A defence to an action on a dishonoured cheque is permissible and should not be struck out unless it discloses no reasonable cause of action.
- Citation
- [1985] JLR 271
- Parties
- Plaintiff: Chestertons; Defendant: Leisure Ltd.
- Jurisdiction
- Jersey
- Judgment Date
- 19 December 1984
- Procedural Posture
- Civil / Interlocutory
- Outcome
- Defence not struck out
- Legal Topics
- Dishonoured Cheques, Defences to Cheque Actions
Case Brief
Summary, issues, holding and outcome
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Parties
Chestertons
Plaintiff
Leisure Ltd.
Defendant
Procedural Posture
Civil / Interlocutory
Legal Issues
- 1 Whether a defendant may raise a defence in an action on a dishonoured cheque except in exceptional circumstances
- 2 Whether a defence should be struck out if it discloses a reasonable cause of action
Ratio Decidendi
A defence to an action on a dishonoured cheque is permissible and should not be struck out unless it discloses no reasonable cause of action.
Court Disposition
Defence not struck out
Full Case Text
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