Marcq v Christie, Manson & Woods Ltd.

Marcq v Christie, Manson & Woods Ltd.

An auctioneer who, in good faith and without notice of any adverse claim, receives goods from an apparent owner and redelivers them unsold to that person is not liable in conversion or bailment to the true owner, as such acts are merely ministerial and do not sufficiently encroach on the owner's rights. No bailment or duty arises to the true owner absent knowledge or notice of their interest.

Parties
Appellant (claimant): Marcq; Respondent (defendant): Christie, Manson & Woods Limited
Jurisdiction
England and Wales
Judgment Date
23 May 2003
Procedural Posture
Civil Appeal / Appeal From Decision to Strike Out Claim at Central London County Court, Upheld by High Court, Now Before Court of Appeal
Outcome
Appeal dismissed. Claim struck out.
Legal Topics
Conversion, Bailment, Auctioneers' Liability, Possession of Stolen Goods
Tort Law Property Law Conversion Bailment Auctioneers' Liability Possession of Stolen Goods

Case Brief

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Parties

Marcq

Appellant (claimant)

Christie, Manson & Woods Limited

Respondent (defendant)

Procedural Posture

Civil Appeal / Appeal From Decision to Strike Out Claim at Central London County Court, Upheld by High Court, Now Before Court of Appeal

Legal Issues

  1. 1 Whether an auctioneer who receives stolen goods in good faith and without notice, and returns them unsold to the would-be seller, is liable in conversion or bailment to the true owner
  2. 2 Whether the contractual terms between auctioneer and would-be seller create liability in conversion or bailment to the true owner

Ratio Decidendi

An auctioneer who, in good faith and without notice of any adverse claim, receives goods from an apparent owner and redelivers them unsold to that person is not liable in conversion or bailment to the true owner, as such acts are merely ministerial and do not sufficiently encroach on the owner's rights. No bailment or duty arises to the true owner absent knowledge or notice of their interest.

Court Disposition

Appeal dismissed. Claim struck out.

Orders

  • Appellant's claim dismissed
  • Appellant to pay respondent's costs below (£25,000) and costs of appeal (£15,000), payable within 28 days