|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 122 (Jun)|
|Neutral Citation:|| EWHC 1273 (Ch)|
|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|
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.