IBL Ltd v Coussens
| Jurisdiction | England & Wales |
| Judgment Date | 27 June 1990 |
| Date | 27 June 1990 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Neill, Lord Justice Nicholls and Lord Justice Butler-Sloss
Tort - conversion of goods - valuation
In an action to recover damages for conversion of goods under the Torts (Interference with Goods) Act 1977 no general rule was applicable to determine the date at which the value of the goods should be assessed. But where goods had increased in value since their conversion, an owner might be entitled to be compensated by reference to their value at the date of judgment and not at the date of the conversion.
The Court of Appeal so held in a reserved judgment allowing an appeal by the plaintiff, IBL Ltd, from part of the judgment of Mr Peter Bennett, QC, sitting as a deputy judge of the High Court in November 1989, that had ordered the defendant, Mr Philip Coussens, to return two motor cars to the plaintiff or to pay it a sum of £62,000.
The defendant had been chairman of the plaintiff company. He was dismissed in February 1988 and the plaintiff demanded the return of an Aston Martin motor car and a Rolls Royce motor car that belonged to it and which were being used by the defendant, or that he purchase them forthwith for £62,000. The cars were not returned and no payment was made in respect of them.
The plaintiff began proceedings for summary judgment under Order 14 of the Rules of the Supreme Court for possession of the cars.
In October 1989 the judge ordered that the defendant deliver up the motor cars to the plaintiff or pay £62,000 together with interest. The value of the motor cars had increased substantially between February 1988 and the date of the judgment.
Section 3 of the Torts (Interference with Goods) Act 1977 provides: "(1) In proceedings for wrongful interference against the person who is in possession or in control of the goods relief may be given…
"(2) The relief is … (b) an order for delivery of the goods, but giving the defendant the alternative of paying damages by reference to the value of the goods, together in either alternative with payment of any consequential damages…".
Mr Richard Lord for the plaintiff; Mr Steven Gee for the defendant.
LORD JUSTICE NEILL said that the plaintiff contended that there had been a continuing conversion of the cars by the defendant and that the damages should be assessed on the basis of their value at the date of judgment.
The defendant's case was that the cars were converted by him in February 1988 when their...
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