[2012] EWHC 1712 (Admin)

A borrower's provision to a bank of an undated cheque as security in the event that she defaulted on loan repayments did not constitute a representation that, in the event of a default, the cheque would be met in the ordinary course. A representation had to be capable of being expressed as a statement of the past or present; a statement as to the future might take effect as a contractual promise, but it could not come within the legal classification of a representation.

QBD (Admin) (Toulson LJ, Griffith Williams J)

22/06/2012