In order to exercise a lien over a car taken in for repair, the fact that labour had been expended in maintaining the article was not enough to give rise to a lien for charges. What was required was improvement in the condition of the article.
Sargant J said: that there could be no lien over a motor car ‘by virtue of the arrangement under which the owner was to be at liberty to take the car away, and did take the car away, as and when she pleased. The existence of a lien seems to me to be inconsistent with an arrangement under which the article is from time to time entirely out of the possession and control of the contractor’.
Judges:
Sargant J
Citations:
[1915] 1 Ch 621
Cited by:
Cited – Your Response Ltd v Datateam Business Media Ltd CA 14-Mar-2014
The claimant employed the defendant to manage subscription lists for the claimant’s magazines. The claimant came to seek damages, and the defendant for non-payment of its invoices. The court was now asked whether it was possible to assert a common . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 16 May 2022; Ref: scu.559375