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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
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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