J W Grant & Co v Troy Foods Ltd [2012] EWCA Civ 1702 (24 October 2012)

J W Grant & Co v Troy Foods Ltd [2012] EWCA Civ 1702 (24 October 2012)

The appeal was dismissed because the trial judge was entitled to find the master control sheet reliable and to prefer the claimant's evidence; the law of conversion and section 2(2) of the Torts (Interference with Goods) Act 1977 were properly applied; and the application to adduce fresh evidence failed as the evidence was in Troy's possession and could have been produced at trial with reasonable diligence.

Citation
[2012] EWCA Civ 1702
Parties
Respondent/claimant: J W Grant and Co; Appellant/defendant: Troy Foods Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Civil Appeal / Appeal From Trial Judgment and Application to Adduce Fresh Evidence
Outcome
Appeal dismissed; application to adduce fresh evidence refused
Legal Topics
Conversion, Bailment, Admissibility of Evidence, Civil Procedure, Fresh Evidence on Appeal
Commercial Law Tort Law Evidence Conversion Bailment Admissibility of Evidence Civil Procedure Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

J W Grant and Co

Respondent/claimant

Troy Foods Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment and Application to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the trial judge erred in finding the master control sheet reliable and in favouring the claimant's evidence over the defendant's
  2. 2 Whether the law of conversion and section 2(2) of the Torts (Interference with Goods) Act 1977 were properly applied
  3. 3 Whether fresh evidence (Version 3 of the master control sheet) should be admitted on appeal

Ratio Decidendi

The appeal was dismissed because the trial judge was entitled to find the master control sheet reliable and to prefer the claimant's evidence; the law of conversion and section 2(2) of the Torts (Interference with Goods) Act 1977 were properly applied; and the application to adduce fresh evidence failed as the evidence was in Troy's possession and could have been produced at trial with reasonable diligence.

Court Disposition

Appeal dismissed; application to adduce fresh evidence refused

Orders

  • Application to adduce fresh evidence refused
  • Appeal dismissed