Hickox v Dickinson & Anor
The Claimant has a good arguable case of conversion by persons other than Mr Sammons, and the Defendants are mixed up in the alleged wrong and possess the necessary information. Confidentiality and delay do not outweigh the interests of justice. Norwich Pharmacal relief is appropriate and proportionate in the circumstances.
- Parties
- Claimant: Linda Hickox; First Defendant: Simon Dickinson; Second Defendant: Simon C Dickinson Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 22 September 2020
- Procedural Posture
- Part 8 Claim / Trial
- Outcome
- Norwich Pharmacal order granted against the Second Defendant; refused against the First Defendant.
- Legal Topics
- Norwich Pharmacal Orders, Conversion, Bailment, Confidentiality, Limitation of Actions, Art Law
Case Brief
Summary, issues, holding and outcome
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Parties
Linda Hickox
Claimant
Simon Dickinson
First Defendant
Simon C Dickinson Ltd
Second Defendant
Procedural Posture
Part 8 Claim / Trial
Legal Issues
- 1 Whether Norwich Pharmacal relief should be granted against the Defendants for disclosure of information regarding the Painting
- 2 Whether there is a good arguable case of conversion by persons other than Mr Sammons
- 3 Whether there is a good arguable case of other wrongs in bailment and unjust enrichment
Ratio Decidendi
The Claimant has a good arguable case of conversion by persons other than Mr Sammons, and the Defendants are mixed up in the alleged wrong and possess the necessary information. Confidentiality and delay do not outweigh the interests of justice. Norwich Pharmacal relief is appropriate and proportionate in the circumstances.
Court Disposition
Norwich Pharmacal order granted against the Second Defendant; refused against the First Defendant.
Orders
- Second Defendant to disclose information and documents regarding the Painting's location, possessor, transactions, and related financial details.
- Order limited to matters within Defendants' knowledge and subject to confidentiality undertakings.
Full Case Text
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