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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll