In message .com, Dave
writes
This leads onto a couple of
issues, the first of which may be worthy of a top level post in
uk.legal.
What about other countries in Europe do they all apply the same ruling?

I have no idea I'm afraid! Except the basis of this are the Bills of
Exchange Acts which are generally in harmony.


i.e. harmonization of case law across the EU. This may be especially
relevant if the UK starts using the Euro.

Yes. I am no sure of the status of a 'euro'.

Miller v Race was in 1758, so presumably the ruling applies to the US
as well. However this was in the days of the gold standard, and could
be outdated.

I dont think us now having a fiduciary issue effects the underlying
principles which is that as applied to Negotiable Instruments.
Similarly, I think the concept of 'legal tender' is also irrelevant,
Today money is just a general swindle so a modern jury or
judge may find that both parties have a valid claim and should be paid
equally to the full amount.

Hmm, I think this is bringing back the question 'are we talking about
the theft of a piece of paper or the theft of monetary value?'. If the
first, then I would agree with you, if the latter, then I wouldnt. I
like the latter line the best.


Is the only way to overturn case law to
pass an act of parliament?

No,there can be further precedents.
--
John Boyle