Axa Insurance DAC and Bells of Crossgar Accident Repair Centre Limited
| Jurisdiction | Northern Ireland |
| Court | Chancery Division (Northern Ireland) |
| Writing for the Court | Humphreys J |
| Judge | Humphreys J |
| Judgment Date | 20 May 2021 |
| Neutral Citation | [2021] NICh 7 |
| Date | 20 May 2021 |
1
Neutral Citation No: [2021] NICh 7
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: HUM11523
Delivered: 20/05/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
Between:
AXA INSURANCE DAC
Plaintiff
and
BELLS OF CROSSGAR ACCIDENT REPAIR CENTRE LIMITED
Defendant
___________
Stephen Ham (instructed by Johnsons) for the Plaintiff
Alana Harty (instructed by Granite Legal Services) for the Defendant
___________
HUMPHREYS J
Introduction
[1] This is an application by the plaintiff for an order requiring the defendant to
deliver up to it possession of a Jaguar XF R-Sport vehicle, registration number SGZ
1217. The application is brought on an interlocutory basis pursuant to section 4 of
the Torts (Interference with Goods) Act 1977 (‘the 1977 Act’) and Order 29 rule 3 of
the Rules of the Court of Judicature (Northern Ireland) 1980. In the alternative, the
plaintiff seeks injunctive relief to like effect.
[2] The defendant does not deny the plaintiff’s title to the said vehicle but asserts
that it has a lien, arising either in contract or at common law, which entitles it to
retain possession of the vehicle until monies which are due to it are discharged.
Background
[3] On 7 January 2021 Mr Deividas Budginas was driving the vehicle in question
when he lost control in icy conditions, left the road and struck a tree. Mr Budginas
held a policy of insurance with the plaintiff company. The vehicle was recovered
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