Source: All England Reporter
Publisher Citation: [2002] All ER (D) 429 (Oct)
Neutral Citation: [2002] EWHC 2148 (QB)
Court: Queen's Bench Division
Judge:

Jack J

Representation Norman Palmer (instructed by Ralph Davis) for the claimant.
  John McCaughran and Zoe O'Sullivan (instructed by Stephenson Harwood) for the defendant.
Judgment Dates: 29 October 2002

Catchwords

Bailment - Conversion - Good faith - Notice - Auctioneer - Auctioneer not selling goods - Auctioneers returning goods to consignor - Liability - Burden of proof.

The Case

Where an auctioneer received in good faith and without notice goods for auction from a non-owner, there had to be a sale in which he was sufficiently involved followed by delivery to the purchaser for him to be liable in the tort of conversion. Where the goods were merely delivered back to the same person there would be no conversion. Further, the burden of proof lay on a bailee to show that he had dealt with goods consigned to him in good faith and without notice.

Practice Areas

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