Acts
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The defendants had agreed to the return of defective spheres of solder which they had manufactured for the plaintiffs. By mistake, as well as returning the defective solder in one box, the plaintiffs returned twenty-one boxes of capacitors which were as the judge said ‘finished goods which could not, by any stretch of imagination, be … Continue reading AVX v EGM Solders Ltd: QBD 1 Jul 1982
Judges: Miss Lesley Anderson QC Citations: [2009] EWHC 1360 (Ch) Links: Bailii Statutes: Torts (Interference with Goods) Act 1977 3 Jurisdiction: England and Wales Torts – Other Updated: 25 July 2022; Ref: scu.347103
Request for delivery up of documents. Citations: [2008] EWHC 355 (Ch) Links: Bailii Statutes: Torts (Interference with Goods) Act 1977 Jurisdiction: England and Wales Torts – Other Updated: 19 July 2022; Ref: scu.266476
Revenue’s appeal from refusal of strike out of claim for restoration of impounded vehicle. Failure to use statutory remedy. Judges: Eady J Citations: [2008] EWHC 230 (QB) Links: Bailii Statutes: Customs and Excise Management Act 1979, Torts (Interference with Goods) Act 1977 Jurisdiction: England and Wales Customs and Excise, Torts – Other Updated: 06 July … Continue reading HM Revenue and Customs v James (T/A M and D Enterprise): QBD 14 Feb 2008
Judges: Jacob LJ Citations: [2006] EWCA Civ 1259 Links: Bailii Statutes: Torts (Interference with Goods) Act 1977 Jurisdiction: England and Wales Torts – Other Updated: 14 June 2022; Ref: scu.341716
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court procedings against the claimants, to ascertain their ownership under the … Continue reading Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004
Judges: Moses LJ, Gloster LJ, Vos LJ Citations: [2014] EWCA Civ 909, [2014] WLR(D) 295 Links: Bailii, WLRD Statutes: Torts (Interference with Goods) Act 1977, Environment Act 1990 108 Jurisdiction: England and Wales Torts – Other, Information Updated: 09 June 2022; Ref: scu.533785
The tenant company had defaulted under the lease, and the landlord had retaken possession. The landlord discarded the tenant’s possessions, and the tenant now sued, saying that the landlords as involuntary bailees owed duties to the proper owner. Held: In the context of commercial goods, the purpose of which is to earn profit, the assessment … Continue reading Robot Arenas Ltd and Another v Waterfield and Another: QBD 8 Feb 2010
The claimant’s stolen painting was put up for sale by the defendant. On being withdrawn, they returned it to the person who had brought it in. The claimant sought damages. Held: There was no reported case in which a court has had to consider the liability of an auctioneer who had simply put goods up … Continue reading Marcq v Christie, Manson and Woods Ltd: CA 23 May 2003
The claimant had been convicted and served his time for possession of a large collection of obsolete or antique firearms. He now sought their return. The police replied that he was in any event out of time. Held: ‘Section 3(2) of the 1980 Act is, at least in the context of that Act, a somewhat … Continue reading Commissioner of Police of The Metropolis v Meekey: Admn 12 Jan 2021
The Claimant alleged against Harrods Limited the tort of conversion in accordance with s.2(2) of the Torts (Interference with Goods) Act 1977. The claim relates to certain personal items (principally jewellery) which she inherited and which for many years remained in a safe deposit box on the Defendant’s premises. Held: On the facts, Eady J … Continue reading Schwarzschild v Harrods Ltd: QBD 19 Mar 2008
The claimant bought fine art sculptures by Anish Kapoor at auction. They were stored by the defendant who when called upon to deliver them, said they had possibly been thrown away as rubbish. The defendant sought to limit its liability to the sum set by its contract. The defendant said that the claimant had been … Continue reading Scheps v Fine Art Logistic Ltd: QBD 16 Mar 2007
A car on hire purchase was sold and delivered by auctioneers on the instructions of the hirer. The court was asked whether the auctioneers’ liability was affected by the fact that the car had been sold under their provisional bid procedure. Held: The auctioneers were liable. Lord Denning:’It is now, I think, well established that … Continue reading Willis and Son v British Car Auctions Ltd: CA 1978
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the solicitors for wrongful interference with property by ‘possessing, taking or intercepting the claimant’s correspondence and documents … Continue reading White v Withers Llp and Dearle: CA 27 Oct 2009
The parties disputed the result of a contract for the purchase of cotton with the contract underwritten by a bank.
Held: After the breach of the contract, the claimant had failed properly to mitigate his losses. That failure in turn itself . .
Directions for disposal of uncollected items by bank . .