London Borough of Tower Hamlets v London Borough of Bromley [2016] EWCA Civ 616 (19 May 2016)

London Borough of Tower Hamlets v London Borough of Bromley [2016] EWCA Civ 616 (19 May 2016)

Tower Hamlets' acts from 1997 onwards, including removal, restoration, and loan of the sculpture, were inconsistent with Bromley's ownership rights and amounted to conversion, thereby extinguishing Bromley's title under the Limitation Act.

Citation
[2016] EWCA Civ 616
Parties
Claimant/respondent: London Borough of Tower Hamlets; Defendant/applicant: London Borough of Bromley (as successor to the London Residuary Body)
Jurisdiction
England and Wales
Judgment Date
19 May 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From High Court Judgment
Outcome
Renewed application for permission to appeal refused
Legal Topics
Conversion, Limitation of Actions, Ownership of Chattels, Statutory Transfer of Assets
Property Law Civil Procedure Conversion Limitation of Actions Ownership of Chattels Statutory Transfer of Assets

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Parties

London Borough of Tower Hamlets

Claimant/respondent

London Borough of Bromley (as successor to the London Residuary Body)

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Tower Hamlets' acts constituted conversion of the sculpture to its own use
  2. 2 Whether Bromley's title to the sculpture was extinguished by limitation
  3. 3 Whether the public interest affected the application of limitation law in this context

Ratio Decidendi

Tower Hamlets' acts from 1997 onwards, including removal, restoration, and loan of the sculpture, were inconsistent with Bromley's ownership rights and amounted to conversion, thereby extinguishing Bromley's title under the Limitation Act.

Court Disposition

Renewed application for permission to appeal refused

Orders

  • Permission to appeal refused