Retain or return?

© Copyright LexisNexis 2025. All Rights Reserved.

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

Retain or return?

© Copyright LexisNexis 2025. 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

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS

NLJ this week: Pro bono power without the red tape

Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ

NLJ this week: Small firms call for tech clarity as AI looms

Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ

NLJ this week: DNA evidence—justice on ice?

In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match

NLJ this week: Fraud claims climb as courts brace for AI threats

Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes

NLJ this week: Courts walk a tightrope on relocation & abuse

Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes

back-to-top-scroll