Source: All England Reporter
Publisher Citation: [2010] All ER (D) 122 (Jun)
Neutral Citation: [2010] EWHC 1273 (Ch)
Court: Chancery Division
Judge:

Norris J

Representation Philip Rainey QC and Carl Fain (instructed by Howard Kennedy) for the claimant.
  Judith Jackson QC (instructed by Sintons) for the defendant.
Judgment Dates: 28 May 2010

Catchwords

Conversion - Acts amounting to conversion - Adverse detention of chattel - Claimant company operating hotel business from leasehold premises vesting in tenant company pursuant to agreement with tenant - Defendant company buying freehold reversion expectant on lease and assignment of disputed claim to arrears of rent owed by tenant - Defendant commencing proceedings against tenant for arrears of rent - Defendant subsequently taking possession of premises subject to lease and trading from premises with use of chattels - Claimant commencing proceedings against defendant seeking delivery up of chattels, damages calculated on restitutionary basis and interim injunction to restrain use of chattels - Whether delivery up should be ordered - Whether injunction should be granted - Whether damages an adequate remedy.

The Case

Conversion Acts amounting to conversion. The Chancery Division ruled on the claimant company's claim for delivery up by the defendant of chattels in a hotel and an injunction to prevent the defendant from using those chattels, in circumstances where the defendant had purchased the freehold reversion expectant on the lease of the hotel premises and the assignment of the disputed claim to arrears of rent from the premises due from the tenant, who had entered into an agreement with the claimant, allowing it to operate the hotel business from those premises.

Practice Areas

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