Roger Smith and Christopher Timothy Esmond Hayward and Lloyds Bank TSB; Harvey Jones Ltd and Woolwich Plc: CA 27 Jul 2000

Where a cheque has been altered fraudulently to change the name of the payee, the piece of paper ceases to be a cheque, and an action for conversion against the paying or collecting bank will stand only as to the nominal value of the paper, and not as to the face value. The material alteration was done without the consent of anyone but the party carrying out the fraud, and, under the Act the bill is avoided save against a party making or consenting to the alteration.

Citations:

Times 06-Sep-2000, Gazette 21-Sep-2000, [2000] EWCA Civ 240

Links:

Bailii

Statutes:

Bills of Exchange Act 1882 64

Jurisdiction:

England and Wales

Banking, Torts – Other

Updated: 31 May 2022; Ref: scu.147273