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05 July 2007 / Gregory Mitchell
Issue: 7280 / Categories: Features , Commercial
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Economic tort (2)

Should the tort of conversion apply to intangible property? Gregory Mitchell QC investigates

The tort of conversion is increasingly significant in the electronic world where intangible rights are held for their true “owners” without being evidenced or comprised in a piece of paper or other chattel such as a cheque or certificate. The majority (three) of the law lords in OBG v Allan Ltd [2007] UKHL 21, [2007] All ER (D) 44 (May) held that the tort of conversion is limited to chattels only. Intangible rights can be converted only so far as those rights are sufficiently connected with a chattel and where rights of ownership in the chattel are usurped. There was a powerful minority view from Lord Nicholls and Baroness Hale that English law should be extended.

BACKGROUND

In OBG the defendants were appointed in June 1992 over a company as administrative receivers. They took possession of the company’s assets and assumed the right to manage its business. The company had circa 88 different contracts with one major customer under which there were substantial disputes about the claims and counterclaims arising. The

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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