Burke v Sogex Intl. Ltd. [1992] JLR 202 (30 September 1992)

An answer or counterclaim to a suit on dishonoured cheques is only permitted if exceptional circumstances such as fraud, invalidity, or failure of consideration are objectively disclosed.

Citation: [1992] JLR 202
Parties: Claimant: Burke; Defendant: Sogex Intl. Ltd.
Jurisdiction: Jersey
Judgment Date: 30 September 1992
Procedural Posture: Civil / Judgment
Outcome: Claimant entitled to judgment unless exceptional circumstances are shown.
Legal Topics: Cheques, Dishonour of Cheques, Defences to Suit on Dishonoured Cheque

Banking Law Cheques Dishonour of Cheques Defences to Suit on Dishonoured Cheque

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Parties

Burke

Claimant

Sogex Intl. Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the court may allow an answer or counterclaim to a suit on dishonoured cheques in the absence of exceptional circumstances

Ratio Decidendi

An answer or counterclaim to a suit on dishonoured cheques is only permitted if exceptional circumstances such as fraud, invalidity, or failure of consideration are objectively disclosed.

Court Disposition

Claimant entitled to judgment unless exceptional circumstances are shown.