The court rejected an argument that because it was the usage of bankers to clear cheques through the clearing house system, the obligation of a presenting banker to present the cheque for collection at the branch of the paying bank where the drawer had his account was discharged by delivery of the cheque to the clearing house: ‘The drawer of a cheque has a clear statutory right under section 45 of the 1882 Act (subject to section 46) to be discharged from liability if the cheque is not duly presented to him or his branch of the paying bank for payment. If it is to be said that the drawer loses that right as the result of a private agreement made between the banks for their own convenience, the very strongest proof of his knowledge and assent would be needed.’
Judges:
Bingham J
Citations:
[1985] All ER 385
Cited by:
Cited – Turner v Royal Bank of Scotland Plc CA 24-Mar-1998
The plaintiff complained as to the provision of references by his bank. The bank said he had given an implied permission through the bank which had made the request. Later changes in the bankers code of practice would have required explicit written . .
Lists of cited by and citing cases may be incomplete.
Banking
Updated: 30 April 2022; Ref: scu.230914