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We are suing on a dishonoured cheque which was issued in England to a Portuguese recipient. Can you please provide some guidance as to which jurisdiction we should issue the claim in?

Resource type: Ask

Status: Published on 20-Jun-2012

Jurisdictions: England, European Union, Wales

We are suing on a dishonoured cheque which was issued in England to a Portugese recipient in payment pursuant to a contract for services carried out in the UK. The cheque was then cancelled before it was cashed.

We understand that cheques are an exception to the choice of law rules under the Rome Treaty as they constitute a negotiable instrument.

However, we are struggling to find any guidance on the matter of Jurisdiction. Could you please provide some guidance as to how we are to decide where the claim should be issued?

Anonymous (Private practice)

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  • Resource ID: 0-519-9689
  • Published: 20-Jun-2012
  • Products:  PLC UK Dispute Resolution
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