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court staff v preacher

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Re: court staff v preacher

Postby preacherman » Thu Feb 08, 2018 10:00 am

atticus wrote:Write to the court. Enquire politely. I cannot say - in some cases an amended defence is not necessary, the original is more than adequate.


thanks atticus. regarding a small other element of my claim, I thought I read somewhere that a request for money before the return of goods also constitutes a conversion if someone has taken control over a chattel. does that sound correct?

do you know where i can find some simple case law about conversion? like 'Fred left his cement mixer at a property overnight where he was working but he was asked to return the key to the property when he arrived home from work, as the owner of the property needed the key. So now he had no access to his cement mixer, the property owner then gave the cement mixer to a third party saying it was abandoned'..... :D
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Re: court staff v preacher

Postby shootist » Thu Feb 08, 2018 10:05 am

preacherman wrote:do you know where i can find some simple case law about conversion? like 'Fred left his cement mixer at a property overnight where he was working but he was asked to return the key to the property when he arrived home from work, as the owner of the property needed the key. So now he had no access to his cement mixer, the property owner then gave the cement mixer to a third party saying it was abandoned'..... :D


Not too sure about conversion, other than the Jehova's Witness kind, but the scenario above would certainly be theft.
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Re: court staff v preacher

Postby atticus » Thu Feb 08, 2018 10:11 am

Use Mr Swarbrick's excellent case resource at www.swarb.co.uk. It has a search facility.

For the benefit of others, "conversion" is a tort (legal wrong) of intereference with another's property rights. Prosecution for theft is unlikely to get full compensation for the OP.
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Re: court staff v preacher

Postby shootist » Thu Feb 08, 2018 1:42 pm

atticus wrote:For the benefit of others, "conversion" is a tort (legal wrong) of intereference with another's property rights. Prosecution for theft is unlikely to get full compensation for the OP.


Out of interest, would not a conviction for theft pave the way for a successful civil action for the tort of conversion whereby full compensation could be gained?
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Re: court staff v preacher

Postby atticus » Thu Feb 08, 2018 1:56 pm

It might. But if the defendant has been imprisoned or fined, his ability to pay may be diminished. This is why I advise against insisting on prosecution if civil recovery is to be pursued.
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Re: court staff v preacher

Postby preacherman » Thu Feb 08, 2018 7:09 pm

atticus wrote:It might. But if the defendant has been imprisoned or fined, his ability to pay may be diminished. This is why I advise against insisting on prosecution if civil recovery is to be pursued.


a quick run down for your scrutiny:
left a tool (overnight) at property i was renovating . came home & owner asked for key back, basically breached contract for works.

didnt hear for a week or so and payment overdue. sent request for payment and informed owner my tool was in property, I couldn't obtain it as no longer had key.

had reply from third party (senior relative of owner) ranting on as to why they would not pay, with a quick ps at the bottom saying PS you left your tool at the property, I (third party) will arrange for it to be brought to my house where you can collect it from, but no date or time given as to when it would be available.

issued claim for breach of contract, overdue payment, and conversion,had a letter a few days ago (after claim issued) saying collect it on x time at such and such, but only contact by txt message, and bring funds or item will not be released to you.
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Re: court staff v preacher

Postby preacherman » Thu Feb 08, 2018 9:29 pm

atticus wrote:Use Mr Swarbrick's excellent case resource at http://www.swarb.co.uk. It has a search facility.

For the benefit of others, "conversion" is a tort (legal wrong) of intereference with another's property rights. Prosecution for theft is unlikely to get full compensation for the OP.


once I find a case how do I get to the full case transcript, or dont I? this is looking something on the right track!

Mercantile Business Finance Ltd -v- Sibec Developments Ltd [1992] 1 W L R 1253
1992
QBD
Millett J
Torts - Other
The court considered what was required to establish the tort of conversion. Held: Demand is not an essential precondition of the tort: what is required is an overt act of withholding possession from the true owner. Such an act may consist of a refusal to deliver up the chattel on demand, but it may be demonstrated by other conduct, for example by asserting a lien. Some positive act of withholding, however, is required; so that, absent any positive conduct on the part of the defendant, the plaintiff can establish a cause of action in conversion only by making a demand.
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Re: court staff v preacher

Postby atticus » Thu Feb 08, 2018 10:23 pm

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Re: court staff v preacher

Postby preacherman » Fri Feb 09, 2018 7:52 am

atticus wrote:Try http://www.bailii.org


thanks.
regarding the default judgment matter:

upon the court concluding that even if the claimant is entitled to a default judgment on the basis of marginal failure and realistic prospect of successful defence:

1. therefore no order upon request for default judgment.
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Re: court staff v preacher

Postby dls » Sun Feb 11, 2018 6:30 am

once I find a case how do I get to the full case transcript, or dont I? this is looking something on the right track!


If the full text of the judgement is available on line for free, then swarb.co.uk will provide a link to it (nearly always).

Generally, cases before 1996 are not so available. The page will always provide some indication (nearly always) of a report of the case,and you can use that to identify where to get it from. You will usually then have to visit an actal law library, or pay.

An alternative is to send me an email asking me to upgrade our summary of a cae. It may take a few days, but we can often so improve it as to make the full text less necessay.
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