Hickox v Dickinson & Anor

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

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Parties

Linda Hickox

Claimant

Simon Dickinson

First Defendant

Simon C Dickinson Ltd

Second Defendant

Procedural Posture

Part 8 Claim / Trial

  1. 1 Whether Norwich Pharmacal relief should be granted against the Defendants for disclosure of information regarding the Painting
  2. 2 Whether there is a good arguable case of conversion by persons other than Mr Sammons
  3. 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.