London Borough of Tower Hamlets v London Borough of Bromley
Tower Hamlets, by a series of acts from 1997 onwards, exercised rights of dominion over the sculpture inconsistent with Bromley's ownership, amounting to conversion and extinguishing Bromley's title under the Limitation Act 1990. There was no compelling public interest justifying permission to appeal, and the proposed appeal had no real prospect of success.
- Parties
- Claimant/respondent: London Borough of Tower Hamlets; Defendant/applicant: London Borough of Bromley (in its capacity 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
- Outcome
- Renewed application for permission to appeal refused
- Legal Topics
- Conversion, Limitation of Actions, Ownership of Chattels, Statutory Transfer of Assets
Case Brief
Summary, issues, holding and outcome
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Parties
London Borough of Tower Hamlets
Claimant/respondent
London Borough of Bromley (in its capacity as successor to the London Residuary Body)
Defendant/applicant
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the acts of Tower Hamlets amounted to conversion of the sculpture and extinguished Bromley's title under the Limitation Act 1990
- 2 Whether there was a compelling public interest justifying permission to appeal
Ratio Decidendi
Tower Hamlets, by a series of acts from 1997 onwards, exercised rights of dominion over the sculpture inconsistent with Bromley's ownership, amounting to conversion and extinguishing Bromley's title under the Limitation Act 1990. There was no compelling public interest justifying permission to appeal, and the proposed appeal had no real prospect of success.
Court Disposition
Renewed application for permission to appeal refused
Full Case Text
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