header-logo header-logo

Retain or return?

15 May 2008 / Sara Partington , Charlotte Yallop
Issue: 7321 / Categories: Features , Company , Regulatory , Commercial
printer mail-detail

Sara Partington and Charlotte Yallop revisit the often-ignored law of conversion

The recent High Court case of Schwarzschild v Harrods Ltd [2008] EWHC 521 (QB), [2008] All ER (D) 299 (Mar) has revisited the law of conversion (and its roots alongside detinue) and clarified that, for a cause of action in statutory conversion to arise (and limitation to start to run), both a demand that goods be returned and an unequivocal refusal to return them are required.

The judgment of Mr Justice Eady also sets out a useful review of the law in detinue and in particular the tort of conversion in accordance with the Torts (Interference with Goods) Act 1977 (T(IG)A 1977). It will be of interest to practitioners and to any entity whose business involves bailment or the treatment, dealing in, or retention of goods.

The Facts

In 1955, the defendant contracted with the claimant's mother (M) to rent a safety deposit box for her to store jewellery. Rental payments had ceased in 1983 and, in 1986, after M's death, C inherited the property

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll