Source: All England Reporter
Publisher Citation: [2003] All ER (D) 88 (Feb)
Court: Queen's Bench Division

Judge Eccles QC sitting as a judge of the High Court

Representation Clifford Darton (instructed by Edward Hart & Co) for the claimant.
  Charles Taylor (instructed by Owen Kenny Partners, Chichester) for the defendant.
Judgment Dates: 7 February 2003


Tort - Trespass to land - Capacity of child - Conversion of computer - Counterclaim - Gross misconduct - Apportionment of damages.

The Case

Whether a child had ostensible authority to grant a licence to adults to enter his parent's house was a question of fact, depending on the age of the child and the nature of the visitor seeking permission to come in. It would be exceptional for a child, even one of 13, to have ostensible authority to admit a stranger, particularly one who had just summarily dismissed his stepfather.

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