JOHN AIREY v. COMPUTER SERVICES [1997] EWCA Civ 1129 (28 February 1997)

JOHN AIREY v. COMPUTER SERVICES [1997] EWCA Civ 1129 (28 February 1997)

The defendants are entitled to exercise a lien only for the repair charges (£29) and not for storage charges; upon payment of the repair charges, the plaintiff is entitled to the return of his computer.

Citation
[1997] EWCA Civ 1129
Parties
Plaintiff/applicant: John Airey; Defendants/respondents: Computer Services (Mr. Kianzad)
Jurisdiction
England and Wales
Judgment Date
28 February 1997
Procedural Posture
Civil Appeal / Application for Leave to Appeal From County Court Decision
Outcome
Application for leave to appeal adjourned
Legal Topics
Lien, Storage Charges, Return of Property, County Court Rules
Contract Law Civil Procedure Lien Storage Charges Return of Property County Court Rules

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Parties

John Airey

Plaintiff/applicant

Computer Services (Mr. Kianzad)

Defendants/respondents

Procedural Posture

Civil Appeal / Application for Leave to Appeal From County Court Decision

Legal Issues

  1. 1 Whether the defendants are entitled to exercise a lien over the plaintiff's computer for storage charges in addition to repair charges
  2. 2 Whether the plaintiff is entitled to the return of his computer upon payment of the repair charges

Ratio Decidendi

The defendants are entitled to exercise a lien only for the repair charges (£29) and not for storage charges; upon payment of the repair charges, the plaintiff is entitled to the return of his computer.

Court Disposition

Application for leave to appeal adjourned

Orders

  • Application adjourned to the beginning of next term for notice to be given to the other side.