Armstead v Royal Sun Alliance Insurance Company Ltd: The Interface between The Winkfield and Conarken
| Published date | 01 July 2023 |
| Author | Yeqiu (Dan) Huang |
| Date | 01 July 2023 |
| DOI | http://doi.org/10.1111/1468-2230.12801 |
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Modern Law Review
DOI:10.1111/1468-2230.12801
Armstead vRoyal Sun Alliance Insurance Company Ltd:
The Interface between The Winkeld and Conarken
Yeqiu (Dan) Huang∗
In Armstead vRoyal Sun Alliance Insurance Company Ltd, the Court of Appeal considered the
limits of the ‘propr ietary ction’ established by The Winkeld, allowing bailees to recover loss
through their possessory title of bailment property against a wrongdoer. Despite the decision
being defensible on its facts,the Cour t of Appeal failed to clarify:(i) whose consequential loss the
bailee can recover, or whether the bailee and bailor possess ‘one set of rights’; (ii) the interface
between the recoverability of third-party contractual liabilities in tort and the r ules of bailment;
and (iii) the nature and scope of the ‘proprietary ction’ established by The Winkeld.This
note argues that the bailee’s claim against the wrongdoer arises solely from the possessory title
(without reference to the bailor) and the ordinary rules of tort should apply after establishing
such title.
INTRODUCTION
The bailee’s right to bring action and claim damages in conversion,negligence
or trespass against the wrongdoer arises from a ‘possessory title’ to the bail-
ment property.1The Winkeld2recognised this rule as allowing a bailee to claim
against the wrongdoer the full loss or damage to the bailment property;the cen-
tral maxim goes, ‘as against a wrongdoer, possession is title’.3
Later English and Commonwealth cases armed that The Winkeld to allow
bailees recovery of consequential losses in addition to replacement or reason-
able repair of the bailment property.4Nevertheless, there is surprisingly lim-
ited appellate case law and commentary on the boundaries of the recovery of
∗University College London;Trainee Solicitor at Herbert Smith Freehills LLP. With thanks to Pro-
fessor Andrew Tettenborn and Qinhao Zhu for their generous comments and Dr Julius Grower for
his advice and encouragement. Any mistakes are my own. The views expressed in this article are in
an individual capacity.
1SeeJeries vGWR Co (1856) 5 El & Bl 802, 805 per Lord Campbell CJ.See also The Aliakmon
[1986] AC 785,812 per Lord Brandon who drew the distinction to ‘equitable ownership’.
2 [1902] P 42.
3ibid, 60, arming Jeries vGWR Co n 1 above, 805 per Lord Campbell CJ. Armed in Chabba
Corporation Pte Ltd vThe Owners of and other persons interested in the ship or vessel Jag Shakti (Singa-
pore) [1985] AC 337 (The Jag Shakti),345 and 348 per Lord Brandon;Pana town vAlfred McAlpine
[2001] 1 AC 518 (Panato wn), 581 per Lord Millett; O’Sullivan & Anor vWilliams [1992] RTR
402 (O’Sullivan), 405 per Fox LJ.
4SeeThe Okehampton [1913] P 173. Armed in Courtenay vKnutson (1961) 26 D.L.R. (2d) 768
(B.C.S.C.). See also in Elliott Steam Tug Co Ltd vThe Shipping Controller (1922) 1 KB 127 (Elliott
Steam Tug),140 per Scrutton LJ and AMF International Ltd vMagnet Bowling Ltd And Another
[1968] 1 WLR 1028 (AMF International), 1051 per Mocatta J.
© 2023 The Author.The Modern LawReview © 2023 The Modern Law Review Limited. (2023) 86(4) MLR 1049–1062
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