| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 357 (Jul) |
| Neutral Citation: | [2009] EWCA Civ 851 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sir Andrew Morritt C, Moore-Bick and Sullivan LJJ |
| Representation | Nigel Hood (instructed by Roshanian Payman International Solicitors) for the claimant. |
| David Lewis (instructed by Middleton Potts) for the first and third defendants. | |
| Judgment Dates: | 31 July 2009 |
Catchwords
Personal property - Sale of personal property - Agent - Claimant handing jewellery over to first defendant in order to procure its sale - First defendant unable to sell jewellery - Claimant contending jewellery returned to him not the jewellery he handed over - Judge finding jewellery returned not the same as jewellery handed over - Whether judge erring.
The Case
Personal property Sale of personal property. Court of Appeal, Civil Division: In a dispute over a quantity of jewellery that the claimant had entrusted with the first defendant for sale, the court at first instance had been entitled to find, inter alia, that the jewellery handed back to the claimant, after the first defendant had failed to sell it, was not the jewellery originally given to the first defendant.
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