Banking / Finance

Byles on Bills of Exchange and Cheques, 29th Edition

Edited by Nicholas Elliott, QC · John Odgers · Jonathan Mark Phillips
Sweet & Maxwell U.K. November 2013

Specifications

ISBN-13
9780414049406
Publisher
Sweet & Maxwell U.K.
Publication
November 2013
Format
Hardback , 575 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Byles on Bills of Exchange and Cheques is the essential reference guide whether you need to use or advise on the use of payment instruments.

Giving a detailed narrative account of the law of bills of exchange, promissory notes and cheques, Byles on Bills of Exchange and Cheques explains the law under the Bills of Exchange Act 1882 and its subsequent development and is frequently cited in the corts as an authority on the topic.

The new 29th edition brings this classic title up to date, including new material on consideration, gaming, promissory notes, money laundering and restitution.

  • Part One examines the basic principles of bills of exchange and cheques
  • Part Two undertakes a detailed analysis of cheques
  • Part Three looks at the bespoke issues around promissory notes
  • Part Four addresses conflict of laws issues, especially where a bill or note has been made in another jurisdiction or where a bill is a foreign bill under UK legislation
  • Part Five takes you through a step-by-step analysis of court proceedings involving bank payments and the relevant practical information needed for litigation
  • Part Six examines the consequences of lost bills or notes and payments made by mistake
  • The appendices provide you with the relevant legislation

Table of Contents

Part One

  • Overview of Bills of Exchange
  • Form of Bills and Notes
  • Payee and Drawee
  • Inchoate Instruments
  • Bills in an International Context
  • Capacity
  • Liability on a Bill
  • Transfer and Negotiation
  • Modes and Requisites of Transfer
  • Acceptance
  • Presentment for Acceptance
  • Presentment for Payment
  • Discharge - I
  • Discharge - II
  • Dishonour - I
  • Dishonour - II
  • Liabilities of Parties
  • Rights of Parties
  • Consideration
  • Alteration of Forgery

Part Two

  • The Cheque - I
  • The Cheque - II
  • The Cheque - III

Part Three

  • The Promissory Note

Part Four

  • Conflict of Laws

Part Five

  • Procedure - I: Form of Action, Parties and Summary Judgment
  • Procedure - II: Pleading and Evidence
  • Damages, Interests and Costs
  • Limitation of Actions

Part Six

  • Lost Bills and Notes
  • Bill or Note as Payment
  • Payments under a Mistake
  • The Law of Principal and Surety in its Application to Bills and Notes
  • Insolvency of Parties

Appendices

About the Author

Nicholas Elliott QC, Barrister at 3 Verulam Buildings, called in 1972, QC 1995.
Nicholas has a broad civil practice covering commercial litigaton and advisory work. He specialises in all aspects of banking and he is listed as a leading silk in Legal 500 for Banking & Finance and Professional Negligence.

John Odgers, Barrister at 3 Verulam Buildings, called 1990.
John is regularly instructed in matters relating to banking and finance, commercial disputes, financial services, fraud and professional negligence. In October 2009 he was voted Banking & Finance Junior of the Year by Chambers & Partners.

Jonathan Mark Philips, Barrister at 3 Verulam Buildings, called 1991.
Jonathan has a commercial practice involving both litigation and advisory work. He is experienced in domestic and international banking law and Chambers and Partners have listed him as a leading junior in the field of banking litigation.

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