bailment cases

170 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 ...

  • 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 ...

  • 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, ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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 ...

  • Bassano v Toft & Ors, Court of Appeal - Queen's Bench Division, February 26, 2014, [2014] EWHC 377 (QB)

    1. The Claimant, Mrs Bassano, is a professional musician. For many years she owned a valuable viola, whose manufacture is attributed to Ceruti in Cremona in 1803. In 2009 she and her husband were experiencing financial difficulties. Between 2009 and 2011, she used the viola to raise finance by way of successive loans from the Defendants. In the...

    ... There is in such cases an implied agreement to repay the money independently of the defective bill of sale: Davies v Rees ...47. A pledge is a common law security interest created by bailment of property as security for the performance of an obligation, most usually payment of a debt. Pawn ...

  • 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 ...

  • 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 ...

  • Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA (t/a CSAV), Court of Appeal - Commercial Court, March 05, 2015, [2015] EWHC 516 (Comm)

    1. In this action, the court is asked to adjudicate on claims for condensate damage to nine consignments of washed Colombian green coffee beans transported by the defendant container line (``the carrier'') in a total of twenty dry and unventilated 20 ft containers each loaded with 275 hessian bags of 70 kg from Buenaventura in Colombia to destinati...

    ... While the proportion of bags affected in each container varied from 0% (in two cases) to as high as 56.7%, the damage concerned only a very limited part of their contents. Some of ... it in case of loss or damage to rely on an excepted peril or disprove negligence, or a bailment on terms, in which case I would have little difficulty in holding that the obligation to stuff ...

  • Impala Warehousing and Logistics (Shanghai) Co Ltd v Wanxiang Resources (Singapore) PTE Ltd, Court of Appeal - Commercial Court, March 25, 2015, [2015] EWHC 811 (Comm)

    1. This case concerns warehouse receipts, a common instrument in trade and finance, and specifically whether because of an exclusive jurisdiction clause said to have been incorporated in the receipts, the claimant warehouse company is entitled to an anti-suit injunction preventing the defendant from pursuing proceedings in the Shanghai courts which...

    ... There are other cases pending in respect of this matter in the English courts and in the PRC courts. 4. It should be ...This claim is contractual in nature, and/or a claim in bailment on the terms set out in the Warehouse Certificates. It thereby falls within the exclusive English ...

  • Fadallah v Pollak, Court of Appeal - Queen's Bench Division, October 22, 2013, [2013] EWHC 3159 (QB)

    1. On any view the circumstances giving rise to this action were unfortunate. What caused the commencement of the action was, essentially, the going into creditors' voluntary liquidation on 1 November 2011 of a company called Eagle Power Ltd. (``Eagle''). It appears that, before it went into liquidation, Eagle had agreed to sell to the claimant, Mr...

    ...It is plainly right to read the section as inapplicable to cases where there has been a break in the continuity of the physical possession. On this point their ... physical possession of the goods why should an unknown arrangement, which substitutes a bailment for ownership, disentitle the innocent purchaser to protection from a danger which is just as great ...

  • 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 ...

  • 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 ...

  • 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. ...

  • Akers & Ors v Samba Financial Group, Court of Appeal - Civil Division, December 04, 2014, [2014] EWCA Civ 1516

    2. The application that came before the Chancellor of the High Court, Sir Terence Etherton, was in substance a strike out or summary judgment application dressed up as an application for a stay on the grounds of forum non conveniens. It was notionally based on the contention that the Saudi Arabian courts were clearly and distinctly a more appropr...

    ... (c) although Samba contended that the seven transactions gave rise to an amaana (a kind of bailment) under Saudi Arabian law (which is a kind of trust under article 2 of the Convention, thus making ... this aspect of the case without making reference to the Chancellor's approach and to the cases of Macmillan supra and Glencore International A.G. & others v. Metro Trading International Inc. ...

  • 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 ...

  • Akers & Ors v Samba Financial Group, Court of Appeal - Chancery Division, February 28, 2014, [2014] EWHC 540 (Ch)

    1. This is an application by the defendant, Samba Financial Group (``Samba''), for a stay of these insolvency proceedings pursuant to CPR Part 11 on the ground that the courts of the Kingdom of Saudi Arabia are clearly and distinctly more appropriate for the determination of the claim than the courts of England and Wales. 2. Samba was served with

    ... Mr Haberbeck and Professor Mallat appear to consider an amaana analogous to a bailment in English law, carrying a duty of care but not causing the vesting of a separate property ... He also says that the Saudi Arabian court system is increasingly confusing and cases are subject to considerable delay. Mr Haberbeck takes issue on those matters. The experts also ...

  • 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, ...

  • Impala Warehousing and Logistics (Shanghai) Co.Ltd v Wanxiang Resources (Singapore) PTE Ltd, Court of Appeal - Commercial Court, January 15, 2015, [2015] EWHC 25 (Comm)

    1. Wanxiang Resources (Singapore) PTE Limited (``Wanxiang'') claims to be the owner of a quantity of aluminium which has been stored in a warehouse in Qingdao, China. Warehouse certificates were issued by Impala Warehousing and Logistics (Shanghai) Co. Limited (``Impala Shanghai'') in respect of the aluminium to Rabobank International to whom the g...

    ... to the effect that the claim against Impala Shanghai lay in a contract or indeed in a bailment on the terms of the warehouse certificates. But no such evidence was adduced. . 12. However, I do ...Fletcher sought to put the principles established by cases such as Investors Compensation Scheme Limited v West Bromwich Building Society [1998] 1 WLR 896 was ...