bailment cases

161 results for bailment cases

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  • Caterpillar (NI) Ltd v John Holt & Company (Liverpool) Ltd, Court of Appeal - Civil Division, October 17, 2013, [2013] EWCA Civ 1232

    1. This is an appeal by the defendant (``Holt Liverpool'') from a decision of Popplewell J in the Commercial Court granting summary judgment to the claimant (``FG Wilson'') for sums due pursuant to a distributorship agreement (``the distributorship agreement'') and rejecting Holt Liverpool's reliance on a cross-claim, as a result of the existence o...

    ... before it and not get bogged down into comparisons with other clauses construed in other cases. 26. I would, for my part, applaud such an approach. But Mr Cogley submits that it is not ...In the Romalpa case the fiduciary relationship of bailment was conceded by counsel and there was a finding that there was a relationship of agency with an ...

  • Scottish & Newcastle International Limited (Respondents) v Othon Ghalanos Limited (a company incorporated in Cyprus) (Appellants), (2008)

    ... In each of these cases, in the absence of contrary agreement, the place of performance of the obligation in question must ...& N had no continuing interest in the cider after shipment, the bills of lading evidenced a bailment, with Zim Line as bailee and the consignee, Ghalanos, as bailor: Borealis AB v Stargas Ltd (The ...

  • Euro Cellular (Distribution) Plc v Danzas Ltd. (t/a Danzas AEI Intercontinental) & Anor, Court of Appeal - Commercial Court, December 19, 2003, [2003] EWHC 3161 (Comm),[2004] 1 Lloyd's Rep 521,[2004] 1 LLR 521

    1. Shortly before Christmas 2001 a quantity of goods said to be 7000 Nokia mobile phones and worth Euro 801,500 were placed in a warehouse in Barcelona. After the Christmas and New Year holiday they were discovered to be no longer in the warehouse. The Claimants claim to be the owners of the mobile phones and say that the Defendants from whose ware...

    ... had been negligently released and the correct conclusion is that this is one of those rare cases where the cause of the loss cannot be established by either party I must consider on whom lies the ... v Patent Steam Carpet Cleaning [1978] QB 69 to the incidence of the burden of proof in bailment cases. . 45. The Defendants relied upon the principle that the burden of proof lies upon the party ...

  • Kamidian v Holt & Ors, Court of Appeal - Commercial Court, July 18, 2008, [2008] EWHC 1483 (Comm)

    1. The creations of Carl Fabergé are well known and highly prized. Foremost amongst such creations are ``Fabergé Eggs''. Carl Fabergé was born in 1846 in St Petersburg of Huguenot descent. He succeeded his father as a jeweller and manufacturer of objets d'art. Regarded by many as a designer of unsurpassed ingenuity and delicacy, he became a pro...

    ... . Bailment. 72. I have already summarised at paragraph 33 above some of the terms of the standard form ... is simply that the rebuttable presumption against bailment is stronger in master and servant cases than in cases of principal and independent contractor. . 78. However even if I am wrong thus far ...

  • Lister and Others v Hesley Hall Ltd, (2001)

    ... stated by the Court of Appeal in Trotman v North Yorkshire County Council rather than in the cases under consideration. 12. Only if the arguments of the appellants, which seek an overruling of ... It is possible to read the case narrowly simply as a bailment case, the wrong being failure to re-deliver. But two of the judgments are authority for the ...

  • Lister and Others v Hesley Hall Ltd, (2001)

    ... stated by the Court of Appeal in Trotman v North Yorkshire County Council rather than in the cases under consideration. 12. Only if the arguments of the appellants, which seek an overruling of ... It is possible to read the case narrowly simply as a bailment case, the wrong being failure to re-deliver. But two of the judgments are authority for the ...

  • P & O Nedlloyd B.V. v Utaniko Ltd., Court of Appeal - Civil Division, February 12, 2003, [2003] 1 CLC 797,[2004] BLGR 35,[2003] EWCA Civ 83,[2004] LGR 35,[2003] 2 All ER 700,[2003] 3 WLR 916,[2004] HLR 5,[2003] EWCA Civ 836,[2003] QB 1509,(2003) 6 CCL Rep 376,[2003] 1 Lloyd's Rep 239,[2003] 1 All ER (Comm) 524

    1. On 7th February 2002 Thomas J gave judgment for the claimants (respondents before us) in two sets of proceedings which he had tried together, and as a result he made orders holding the appellants liable to the respondents for sums of respectively $134,807.41 and $95,147.20, together with interest and costs. The claims related to alleged losses o...

    .... 7. In the instant cases, the customs agent used by Gold Crown obtained TATCs, paid the relevant customs duties, had the ... with any right to immediate possession of the goods, and had thereafter no rights in bailment as against the appellants or any other bailees of the goods. However, he held, thirdly, that the ...

  • Metall Market OOO v Vitorio Shipping Company Ltd & Anor, Court of Appeal - Civil Division, June 07, 2013, [2013] WLR(D) 221,[2013] EWCA Civ 650

    1. This appeal raises two questions of some importance relating to general average. One is whether a shipowner's lien for cargo's general average contribution was waived when the shipowner requested from the consignee of the cargo a bond and insurer's guarantee, or a cash deposit, as the price for giving up his lien, but only received an insurer's

    ..., public policy as regards the legitimacy of paying a ransom to pirates, liens, bailment and conversion, the identity of the carrier and title to sue, divergent expert opinion in respect ...He also submits, by reference to a series of cases about solicitor's liens and the manner in which they may be lost, that the test of such loss is the ...

  • Odone v Hawarden Services Ltd & Ors, Court of Appeal - Queen's Bench Division, May 23, 2014, [2014] EWHC 1694 (QB)

    1. The Fairey Gannet was a distinctive aircraft operated by the Royal Navy as a long range anti submarine or early warning radar aircraft. A distinctive feature was the unusual configuration of its engines; these were two turbo props placed side by side within the fuselage driving contra rotating propellers. One of the engines could be shut down to...

    ...Secondly, he submitted that the true relationship was that of licence and not bailment. . 59. As to the first of those arguments, the identity of the person with whom the arrangement was ... on both sides of the argument, with documents being produced to create or to bolster cases. I am not satisfied that any case for aggravated damages is made out. 78. There will accordingly be ...

  • Da Rocha-Afodu & Anor v Mortgage Express Ltd & Anor, Court of Appeal - Civil Division, March 20, 2014, [2014] EWCA Civ 454

    1. LADY JUSTICE ARDEN: This is an appeal by Mr and Mrs Da Rocha from the order dated 19 January 2012 of District Judge Langley sitting in the Central London County Court whereby the District Judge dismissed the Appellants' claim for damages of conversion of personal chattels. She made an order for costs against the Appellants with an interim paym...

    ... Such a person is defined by Palmer on Bailment 3rd Edition 2009 at paragraph 13-411 as a person whose possession of the chattel although known and ... He submits that there is no clear separating line in some cases between an involuntary bailee and a gratuitous bailee. . 41. He refers to the classic statement of ...

  • ST v North Yorkshire County Council, Court of Appeal - Civil Division, July 14, 1998, [1998] ELR 625,[1998] EWCA Civ 1208,[1999] BLGR 584,[1999] Ed CR 353,(1999) 49 BMLR 150,(1999) 1 LGLR 61,(1998) 10 Admin LR 573,[1999] IRLR 98,[1999] LGR 584

    1. The North Yorkshire County Council, (the Council) appeals to this Court from the decision of H.H. Judge Spittle in the Darlington County Court on the 12th August 1997 on a preliminary issue. The Council is the defendant in an action by the plaintiff, ST, suing by his mother in respect of allegations of sexual assaults on him by a Michael Stevens...

    ...11. A number of cases demonstrate that the opportunity to act in the manner complained of does not of itself render the ...15. There is however another line of cases upon which Mr Hawksworth relies - the bailment cases. The House of Lords in Lloyd v Grace, Smith & Co [1912] AC 716 dispelled the suggestion in ...

  • Calor Gas Ltd v Homebase Ltd, Court of Appeal - Chancery Division, May 18, 2007, [2007] EWHC 1173 (Ch)

    1. This is an application by the claimant Calor Gas Limited (“Calor”) for an interim injunction restraining the defendant Homebase Limited (“Homebase”) from alleged wrongful handling of and interference with Calor’s gas cylinders when they are brought to Homebase stores by customers. The question arises in the context of the recent termination

    ... rights in breach of this agreement, nor claim or attempt to create or create any agency or bailment in relation to the Cylinders or the User’s obligations. …. 5. The ... LR 128 at 137 per Slade LJ (where he said that the essential feature of this line of cases is that there has been conduct on the part of the bailee repudiating the contract). 39. ...

  • East West Corporation v DKBS 1912 & Anor, Court of Appeal - Commercial Court, February 07, 2002, [2002] 2 Lloyd's Rep 182,[2002] 2 LLR 182,[2002] 1 All ER (Comm) 676,[2002] EWHC 83 (Comm)

    1. Goods shipped by the claimants in Hong Kong in containers were carried to Chile on the defendants' liner services; they were cleared through customs and delivered to a person not entitled to the goods without presentation of the bills of lading. To such a claim, a shipowner would normally have no defence, but the circumstances in this case are s...

    ...iv) They had, in any event, title to sue in bailment. v) They had the right to sue in negligence for the loss of their proprietary interest. Before ...It is also the case that the policy considerations referred to in the cases on air waybills may also be applicable in certain circumstances. For example in Gatewhite v Iberia ...

  • JP Morgan Chase Bank & Ors v Springwell Navigation Corporation & Ors, Court of Appeal - Commercial Court, July 25, 2008, [2008] EWHC 1793 (Comm)

    1. This judgment follows on from my earlier judgment in this matter, handed down on 27 May 2008 (``the first judgment''). The first judgment sets out the parties and the necessary factual background for the purposes of this judgment. Definitions used in this judgment are the same as those used in the first judgment. This judgment deals with the

    ... contracts had different prescribed levels of care) was derived in English law from old cases on bailment, which suggested (in like manner) that whereas a contractual bailee was liable for ...

  • Alfred McAlpine Construction Limited v. Panatown Limited, (2000)

    ... He then referred to several cases to show that notwithstanding the general rule that the consignee can sue the carrier, the right of ... the possession of the defendant being lost or damaged, so there is some affinity with the bailment cases. Indeed, Lord Diplock considered whether the law of bailment might provide an explanation for ...

  • Raayan Al Iraq Co Ltd & Ors v Trans Victory Marine Inc & Ors, Court of Appeal - Commercial Court, August 23, 2013, [2013] EWHC 2696 (Comm)

    1. This is an application by the claimant for an extension of two days for the service of their particulars of claim. They were due on 23rd July 2013. In fact, they were served on 25th July 2013. The purpose of their application is to regularise the position. 2. The action is about a cargo claim that is brought after consignments of cargo such a...

    ... not said to have issued bills of lading and the claim against them is pleaded in tort or bailment and it is also alleged that the vessel was unseaworthy at the start of the voyage. . 5. The ... my experience it is quite often the case that issues about title to sue are not resolved in cases of this kind by the time that proceedings have been brought and are generally resolved, ...

  • In the matter of the Lehman Companies

    ... discussion, the judgment will then turn to consider whether the liabilities in the present cases would rank pari passu with the unsecured creditors of the Target companies. It will then consider ... under an enactment, any liability for breach of trust, any liability in contract, tort or bailment, and any liability arising out of an obligation to make restitution. . (5) This Rule shall apply ...

  • In the matter of the Nortel Companies

    ... discussion, the judgment will then turn to consider whether the liabilities in the present cases would rank pari passu with the unsecured creditors of the Target companies. It will then consider ... under an enactment, any liability for breach of trust, any liability in contract, tort or bailment, and any liability arising out of an obligation to make restitution. . (5) This Rule shall apply ...

  • In the matter of the Lehman Companies No 2

    ... discussion, the judgment will then turn to consider whether the liabilities in the present cases would rank pari passu with the unsecured creditors of the Target companies. It will then consider ... under an enactment, any liability for breach of trust, any liability in contract, tort or bailment, and any liability arising out of an obligation to make restitution. . (5) This Rule shall apply ...

  • Lehman Brothers International (Europe) & Ors, Re, Court of Appeal - Chancery Division, March 14, 2014, [2014] WLR(D) 132,[2014] EWHC 704 (Ch)

    2. The circumstances are unexpected because when the Lehman Brothers group collapsed in September 2008, it was not anticipated that there would be any surplus of assets once the general body of unsecured creditors of any of the principal companies had been paid. The principal trading company within the group in the United Kingdom and Europe was Leh...

    ... the commencement of the administration, were held not to be provable debts in a long line of cases, which were overruled by the Supreme Court in Re Nortel. . 22. Mr Isaacs QC, on behalf of LBHI, ... under an enactment, any liability for breach of trust, any liability in contract, tort or bailment, and any liability arising out of an obligation to make restitution.''. As Mr Trower emphasised, ...

  • Allpress & Ors v R., Court of Appeal - Criminal Division, January 20, 2009, [2009] EWCA Crim 8

    2. In May the order under appeal was a confiscation order made under the Criminal Justice Act 1988 as amended (“CJA 1988”) against an offender who had been involved in a conspiracy to cheat HM Customs and Excise of VAT through a “missing trader” scheme, from which he and other conspirators benefited jointly. It was held to be immaterial in asses...

    ...The confiscation provisions of DTA 1994 applied, as the title of the Act would suggest, to cases of drug trafficking. The confiscation provisions of CJA 1998 applied to crimes other than drug ... physical power of any bailee to use the property for a different purpose from that of the bailment. Moreover, one would not ordinarily regard the till operator’s physical possession of the money ...

  • Kuwait Airways Corporation v Iraqi Airways Company, Court of Appeal - Civil Division, November 10, 2000, [2000] EWCA Civ 284

    1. By this judgment of the court, the Court of Appeal upheld the judgment of Mance J. In particular, it ruled that an English court was entitled to decline to recognise Resolution 369 of the Revolutionary Command Council of Iraq. It held that at all material times Iraq was neither the de facto nor the de jure government of Kuwait; that the resolu...

    ... 39 The assessment of damages in conversion cases 439-484. 40 Conversion, detinue, and the 1977 Act 485-488. 41 The modern cases ... what happened to them) that he had exercised all reasonable care during the period of the bailment (see Coldman v Hill [1919] 1 KB 443, 449; Houghland v R R Law Luxury Coaches Ltd [1962] 1 QB 694, ...

  • Petroleo Brasileiro S.A. (Respondent) v E.N.E. Kos 1 Limited (Appellant)

    ... the time and bunkers; (iii) on the ground of unjust enrichment; and (iv) under the law of bailment. The judge, Andrew Smith J, held that they were entitled to succeed on basis (iv), but rejected ..."..not merely is a power given, but a duty is cast on the master in many cases of accident and emergency to act for the safety of the cargo, in such manner as may be best under ...

  • Marcq v Christie, Manson & Woods Ltd., Court of Appeal - Civil Division, May 13, 2003, [2003] EWCA Civ 731

    1. If a painting is unsold at auction and returned to the prospective seller who is not in fact its true owner, is the auctioneer, who has acted in good faith and without notice, liable in conversion or bailment to its owner? This question arises on appeal from Jack J. who upheld a decision by Judge Hallgarten Q.C. made in the Central London Count...

  • Frans Maas (UK) Ltd v Sun Alliance And London Insurance Plc, Court of Appeal - Commercial Court, July 22, 2003, [2004] 1 Lloyd's Rep 484,[2004] 1 LLR 484,[2003] EWHC 1803 (Comm)

    2. In this action, FM seeks an indemnity from RSA in respect of liabilities incurred by FM to various third party claimants. The indemnity is sought under a policy of insurance No. GA11125045. The policy was originally made on the 9th March 1995. The policy was subsequently renewed annually until the year 1999 - 2000 (the commencement date being...

    ... to claims in respect of cargo, namely the non-contractual claim that can arise in tort or bailment. In these cases, the question whether the trading conditions have been incorporated is irrelevant, ...