Retain or return?

© Copyright LexisNexis 2026. All Rights Reserved.

15 May 2008 / Sara Partington , Charlotte Yallop

Issue: 7321 / Categories: Features , Company , Regulatory , Commercial

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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

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Retain or return?

© Copyright LexisNexis 2026. All Rights Reserved.

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

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