Aziz v Lim [2012] EWHC 915 (QB) (05 April 2012)

Aziz v Lim [2012] EWHC 915 (QB) (05 April 2012)

Defendant's actions in selling the claimant's diamond bracelet and diamonds without consent constituted conversion; claimant deprived of use and possession. Defendant's explanations and evidence do not rebut liability. Remedy is damages for full value and preservation of claimant's interest.

Citation
[2012] EWHC 915
Parties
Claimant: Mariam Aziz; Defendant: Fatimah Kumin Lim
Jurisdiction
England and Wales
Judgment Date
05 April 2012
Procedural Posture
Civil / Final Judgment
Outcome
judgment for claimant
Legal Topics
Conversion, Remedies, Freezing Injunction, Damages
Tort Civil Conversion Remedies Freezing Injunction Damages

Case Brief

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Parties

Mariam Aziz

Claimant

Fatimah Kumin Lim

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Is the defendant liable for conversion of the diamonds?
  2. 2 Is the defendant liable for conversion of the Diamond Bracelet?
  3. 3 What is the appropriate remedy if liability is established?

Ratio Decidendi

Defendant's actions in selling the claimant's diamond bracelet and diamonds without consent constituted conversion; claimant deprived of use and possession. Defendant's explanations and evidence do not rebut liability. Remedy is damages for full value and preservation of claimant's interest.

Court Disposition

judgment for claimant

Orders

  • Defendant liable for conversion of diamond bracelet and diamonds.
  • Damages awarded for full value of diamond bracelet and diamonds.