J W Grant & Co v Troy Foods Ltd

J W Grant & Co v Troy Foods Ltd

The appeal was dismissed because the trial judge was entitled to find the master control sheet reliable based on the evidence, the law of conversion was properly applied, and Troy Foods failed to satisfy the criteria for admitting fresh evidence as they had Version 3 in their possession and could have produced it at trial with reasonable diligence.

Parties
Claimant/respondent: J W Grant and Co; Defendant/appellant: Troy Foods Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed; application to adduce fresh evidence refused
Legal Topics
Conversion, Bailment, Admissibility of Evidence, Fresh Evidence on Appeal
Tort Law Contract Law Civil Procedure Conversion Bailment Admissibility of Evidence Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

J W Grant and Co

Claimant/respondent

Troy Foods Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding the master control sheet reliable and admissible as evidence of missing Dolavs
  2. 2 Whether the law of conversion and section 2(2) of the Torts (Interference with Goods) Act 1977 was 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 based on the evidence, the law of conversion was properly applied, and Troy Foods failed to satisfy the criteria for admitting fresh evidence as they had Version 3 in their possession and could have produced it at trial with reasonable diligence.

Court Disposition

Appeal dismissed; application to adduce fresh evidence refused

Orders

  • Troy Foods Limited to pay J W Grant and Co £67,260 including interest
  • No fresh evidence admitted on appeal