Odone v Hawarden Services Ltd & Ors [2014] EWHC 1694 (QB) (23 May 2014)

Odone v Hawarden Services Ltd & Ors [2014] EWHC 1694 (QB) (23 May 2014)

Shannon Odone had a better title to the containers and spares than any other contender, having acquired the right to become registered as legal owner. HAS was bailee of the containers and liable in conversion for misdelivery to Mark Petrie, regardless of its knowledge of true ownership. There was no actionable...

Source-derived case information.

Citation
[2014] EWHC 1694 (QB)
Parties
Claimant: Shannon Odone; Defendant: Hawarden Services Ltd; Defendant: Caroline Craft; Defendant: Mark Alexander Petrie; Defendant: Ray Middleton
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim for conversion against Hawarden Services Ltd succeeds; claims for conspiracy and against Caroline Craft personally fail; damages not awarded as no evidence adduced.
Legal Topics
Bailment, Conversion, Trespass to Goods, Conspiracy, Ownership of Goods, Joint Tortfeasor Liability
Tort Property Law Bailment Conversion Trespass to Goods Conspiracy Ownership of Goods Joint Tortfeasor Liability

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Summary, issues, holding and outcome

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Parties

Shannon Odone

Claimant

Hawarden Services Ltd

Defendant

Caroline Craft

Defendant

Mark Alexander Petrie

Defendant

Ray Middleton

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Did Shannon Odone own the containers and their contents?
  2. 2 Was there a conspiracy by Ray Middleton and Mark Petrie to injure Shannon Odone by unlawful means?
  3. 3 Is Hawarden Services Ltd (HAS) liable as bailee for the loss of the containers?

Ratio Decidendi

Shannon Odone had a better title to the containers and spares than any other contender, having acquired the right to become registered as legal owner. HAS was bailee of the containers and liable in conversion for misdelivery to Mark Petrie, regardless of its knowledge of true ownership. There was no actionable conspiracy as the defendants did not know or believe Shannon Odone was the true owner. Caroline Craft was not personally liable as joint tortfeasor as her actions did not go beyond her role as director. Damages were not awarded as no evidence was adduced at trial.

Court Disposition

Claim for conversion against Hawarden Services Ltd succeeds; claims for conspiracy and against Caroline Craft personally fail; damages not awarded as no evidence adduced.

Orders

  • Judgment for the claimant against Hawarden Services Ltd for conversion;
  • Claims for conspiracy and against Caroline Craft personally dismissed;