Mainline Private Hire Ltd v Nolan [2011] EWCA Civ 189 (02 March 2011)

Mainline Private Hire Ltd v Nolan [2011] EWCA Civ 189 (02 March 2011)

Possession in law depends on both factual control and intention; Mr Nolan retained possession by keeping Mainline in ignorance of the Peugeot's location and exercising control to the exclusion of Mainline, despite the existence of a storage contract.

Citation
[2011] EWCA Civ 189
Parties
Respondent: Mainline Private Hire Limited; Appellant: Anthony Nolan
Jurisdiction
England and Wales
Judgment Date
02 March 2011
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Conversion, Possession, Breach of Agreement, Bailment, Wrongful Interference With Goods
Tort Contract Company Law Conversion Possession Breach of Agreement Bailment Wrongful Interference With Goods

Case Brief

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Parties

Mainline Private Hire Limited

Respondent

Anthony Nolan

Appellant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Liability

Legal Issues

  1. 1 Whether Mr Nolan had possession in law of the Peugeot at the material time
  2. 2 Whether the storage contract vested possession in MOI or Mr Nolan
  3. 3 Whether Mr Nolan breached the compromise agreement by failing to deliver up the Peugeot

Ratio Decidendi

Possession in law depends on both factual control and intention; Mr Nolan retained possession by keeping Mainline in ignorance of the Peugeot's location and exercising control to the exclusion of Mainline, despite the existence of a storage contract.

Court Disposition

Appeal dismissed

Orders

  • Application to amend grounds of appeal granted
  • Respondent's notice dismissed