bailment cases

197 results for bailment cases

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  • Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd 'Bao Yue', Court of Appeal - Commercial Court, July 31, 2015, [2015] EWHC 2288 (Comm)

    1. This is a claim for the conversion of a cargo of iron ore carried from Bandar Abbas in Iran to Tianjin in China on board the defendant's vessel ``Bao Yue'' in February and March 2012 and a counterclaim for storage charges incurred on the cargo. No bill of lading was presented at the discharge port so the cargo was discharged into storage at Tian...

    ...The discussion continues:. ``But in cases of long-term hire and hire-purchase, the owner impliedly authorises the hirer to deliver the ...It is an example of the principle of sub-bailment on terms, established by cases such as Morris v C.W. Martin & Sons Ltd [1966] 1 QB 716 and The ...

  • 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 ...

  • 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 ...

  • 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 ...

  • Belhaj and another (Respondents) v Straw and others (Appellants)

    .... II The claimants' allegations . 3. Both cases originate with events in February/March 2004. In Belhaj , Mr Belhaj, a Libyan national and ... allowed to continue as regards the 13 bars, on the basis that the Bank had terminated any bailment by their sale. . 20. Lord Radcliffe faced squarely the problem that title was what was in issue, ...

  • 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 ...

  • The Republic of Angola & Anor v Perfectbit Ltd & Ors, Court of Appeal - Commercial Court, April 26, 2018, [2018] EWHC 965 (Comm)

    1. The Claimants, the Republic of Angola (``Angola'') and Banco Nacional de Angola (the ``BNA''), allege that they are the victims of a very substantial fraud - having been induced to pay over US$500 million and €24.85 million belonging to Angola, to certain of the Defendants. The First to Eighth Defendants (collectively ``the Defendants'') are sai...

    ... seeking to bring proceedings in England and Wales), where there is a single defendant, and in cases where there are multiple defendants being sued in England and Wales (often as of right, as in the ...An analogy was drawn with bailment. . (3) The claims against Mais and Dr Pontes ought to be litigated in Angola given the nature of ...

  • Ship-Owners Under No Duty In Bailment To Complete The Original Voyage Following Termination Of Time Charter

    ... Comment. The court in this case confirmed and applied the well-founded principles of bailment and refused the claimant's request to extend the bailee's duties. It highlights that, in cases where a claimant cannot establish a contractual or tortious claim against the defendant, the law of bailment will generally not assist the claimant. Ince & Co acted for the successful defendant in ...

  • 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 ...

  • Tongue v Royal Society for the Prevention of Cruelty To Animals & Anor, Court of Appeal - Chancery Division, October 12, 2017, [2017] EWHC 2508 (Ch)

    1. In August 2006, the first respondent, the Royal Society for the Prevention of Cruelty to Animals (``the RSPCA''), removed cattle belonging to the applicant, Mr David Tongue (``Mr Tongue''), from a farm of his called Emmadale Farm. The issue in this litigation is whether the RSPCA has a claim against Mr Tongue for costs it subsequently incurred i...

    ...The case involves, in particular, the law of bailment. . Narrative. 2. Emmadale Farm is in Rowney Green in Worcestershire. It comprises about 70 acres of ... is beyond all reasonableness and I cannot be held responsible for your un-wisdom in these cases.''. Writing back on 29 October, Mr Fletcher said:. ``The cost to date of keeping the herd is in 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 ...

  • MSC Mediterranean Shipping Company SA v Glencore International AG, Court of Appeal - Civil Division, May 24, 2017, [2017] EWCA Civ 365

    1. Between January 2011 and June 2012 Glencore International AG (``Glencore'') made 69 shipments of drums of cobalt briquettes which were carried by Mediterranean Shipping Company SA (``MSC'') to Antwerp. This case concerns the 70th shipment, which was of a cargo of three such containers. Glencore, the respondent, was the holder of the bill of lad...

    ... 25 March 2013 Glencore issued a claim against MSC claiming damages for breach of contract, bailment and conversion. It also claimed against MSC Home. The claim against the latter was not pursued. On ... of anyone else having title, as to which there was no duty of inquiry Several subsequent cases establish that, generally speaking, the obligation of the carrier is to deliver to the first ...

  • Pennington v De Wan, Court of Appeal - Chancery Division, January 05, 2017, [2017] EWHC 4 (Ch)

    1. This is my judgment on the trial of the assessment of damages in a claim brought by the claimant against the defendant in respect of various matters. The claim was begun by claim form issued on 30 March 2016. The matters concerned were (i) loans totalling some £82,266.33, (ii) a Rolex watch said to have been bought by the claimant and loaned by

    ... burden lies on the defendant as a matter of law to show that damage happening during the bailment did not occur through his fault: see Chitty on Contracts, 32nd ed, [33-012]. The defendant has ...

  • 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 ...

  • ING Intermediate Holdings Ltd v HM Revenue and Customs, Court of Appeal - Civil Division, December 13, 2017, [2017] EWCA Civ 2111

    1. This appeal essentially concerns the recoverability of VAT. The appellant wishes to recover (via deduction against the outputs of a separate investment business) a proportion of VAT expenses incurred in connection with a deposit-taking business. It contends that this did not involve any VATable supply at all. HMRC contend, and did so successf...

    ...In both cases, the economic impact would have been comparable to that of the transaction at issue in the main ...While there may be other reasons why the bailment is not a supply by the car owner, one of them is that the owner is not providing a service to 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 ...

  • 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 ...

  • 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 ...

  • Your Response Ltd v Datateam Business Media Ltd, Court of Appeal - Civil Division, March 14, 2014, [2014] WLR(D) 131,[2014] EWCA Civ 281

    1. This is an appeal against the order of District Judge Bell made following the trial of a claim by the respondent, Your Response Ltd, against the appellant, Datateam Business Media Ltd, for sums alleged to be due under a contract for the management of an electronic database and for damages for breach of contract. By his order the judge gave judgm...

    ... I have to reach today is of limited purview and no doubt this topic may arise again in other cases in other contexts. But for the purpose of the particular decision which I have to reach in this ... an existing actual possession of goods (that is to say, to refuse to put an end to a bailment) it can only be exercised by an artificer if his possession was lawful at the time at which the ...

  • 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 ...

  • 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 ...

  • 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 ...

  • Supreme Court Rules On Owners' Rights Of Remuneration Post-Withdrawal Under A Time Charter

    ... pay for the time and bunkers; On the ground of unjust enrichment; and Under the law of bailment. It should be noted also that the charterers had initially challenged the validity of the ...He held that they did. His Lordship distinguished between cases where there was no previous contractual relationship between the parties and the present case where ...

  • 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 ...