O'Sullivan and Another v Williams
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 1992 |
| Date | 13 March 1992 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Bailment - bailor and bailee - no separate claims for damaged chattel
There could not be separate claims by a bailor and a bailee araising from loss or damage to the chattel bailed. If the bailor recovered damages from a defendant and the bailee had some interest in the property enforceable against the bailor, then the bailor had to account appropriately to the bailee.
The Court of Appeal (Lord Justice Fox, Lord Justice Staughton and Lord Justice Beldam) so held on March 6 when allowing the appeal of the defendant, Morris Williams, against the judgment of Judge Alan de Piro, QC, on October 22, 1990, at Coventry County Court when he gave judgment in favour of the bailee, the second plaintiff, Linda McCann, for £400 plus interest for damages for loss of the use of a motor car owned by the bailor, the first plaintiff.
LORD JUSTICE FOX said that the first plaintiff had sued the defendant and the...
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