Odone v Hawarden Services Ltd & Ors

Odone v Hawarden Services Ltd & Ors

Shannon Odone established a better title to the containers and spares than any other party. Hawarden Services Ltd was bailee of the containers and liable in conversion for misdelivery to Mark Petrie, regardless of its knowledge of true ownership. There was no actionable conspiracy as the defendants did not know or believe Shannon Odone was the true owner at the relevant time. Caroline Craft was not personally liable as joint tortfeasor. Damages were limited to the proven sale value of the spares.

Parties
Claimant: Shannon Odone; 1st Defendant: Hawarden Services Ltd; 2nd Defendant: Caroline Craft; 3rd Defendant: Mark Alexander Petrie; 4th Defendant: Ray Middleton
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the Claimant in part
Legal Topics
Conversion, Bailment, Trespass, Conspiracy, Damages
Tort Property Law Conversion Bailment Trespass Conspiracy Damages

Case Brief

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Parties

Shannon Odone

Claimant

Hawarden Services Ltd

1st Defendant

Caroline Craft

2nd Defendant

Mark Alexander Petrie

3rd Defendant

Ray Middleton

4th Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Did Shannon Odone own the containers and their contents?
  2. 2 Was there a conspiracy to injure Shannon Odone by unlawful means?
  3. 3 Is Hawarden Services Ltd liable as bailee for the loss of the containers?

Ratio Decidendi

Shannon Odone established a better title to the containers and spares than any other party. Hawarden Services Ltd was bailee of the containers and liable in conversion for misdelivery to Mark Petrie, regardless of its knowledge of true ownership. There was no actionable conspiracy as the defendants did not know or believe Shannon Odone was the true owner at the relevant time. Caroline Craft was not personally liable as joint tortfeasor. Damages were limited to the proven sale value of the spares.

Court Disposition

Judgment for the Claimant in part

Orders

  • Defendants to pay the Claimant £7,500 as damages for conversion, with interest at 2.5% per annum from 1 January 2008.