The police seized from the claimant certain cloth believing it to be stolen from Carter Paterson and delivered it to Carter Paterson, without any order under the 1897 Act. The claimant sued the receiver and Carter Paterson.
Held: Since the theft could not be established and the delivery had been made without any order under the Act, the claimant in right of his possession at the time of seizure (subject only in case of the receiver to a limitation defence) was entitled to succeed in conversion against both defendants.
du Parcq J said: ‘It is general rule that, where there has once been a complete cause of action arising out of contract or tort, the statute begins to run and that subsequent circumstances which would but for the prior wrongful act or default have constituted a cause of action are disregarded.’ and ‘This rule had already been laid down and acted upon forty-five years previously in the case of Granger v. George (1826) 5 B. and C. 149. The facts in Wilkinson v. Verity were held to take that case out of the general rule, to which exceptions may arise where there are ‘circumstances to show a trust for the owner or to found an option to sue either for the wrong or for the breach of the original terms’ of a contract of bailment (see per Willes J.). No such circumstances exist here.’
du Parcq J
[1932] 2 KB 595, 147 LT 336
Police (Property) Act 1897 1
England and Wales
Cited by:
Cited – Irving v National Provincial Bank CA 1962
Goods were seized by the police from the claimant. Neither the claimant nor the defendant could establish that they were the true owners. Under section 1 the first court directed the goods to be delivered to the defendant as the person who appeared . .
Cited – Costello v Chief Constable of Derbyshire Constabulary CA 22-Mar-2001
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other
Updated: 18 December 2021; Ref: scu.194106