Thunder Air Ltd v Hilmarsson

Thunder Air Ltd v Hilmarsson

The Defendant did not have possession or control of the goods at the relevant time; Avijet, as a separate legal entity, lawfully held the documents. The Defendant's actions as agent did not constitute conversion. The English court lacked jurisdiction as the Claimant failed to establish a good arguable case of conversion against the Defendant.

Parties
Claimant: Thunder Air Limited; Defendant: Hilmar Hilmarsson
Jurisdiction
England and Wales
Judgment Date
17 March 2008
Procedural Posture
Civil / Ruling on Interim Relief and Jurisdictional Challenge
Outcome
Claimant's application for continuation of injunction dismissed; proceedings stayed for lack of jurisdiction.
Legal Topics
Conversion, Jurisdiction, Interim Relief, Director Liability
Tort Civil Procedure Company Law Conversion Jurisdiction Interim Relief Director Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Thunder Air Limited

Claimant

Hilmar Hilmarsson

Defendant

Procedural Posture

Civil / Ruling on Interim Relief and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the Defendant was in possession or control of the Claimant's goods for purposes of conversion under the Torts (Interference with Goods) Act 1977
  2. 2 Whether the English court had jurisdiction to entertain the proceedings against a Swiss-domiciled Defendant under the Lugano Convention and Civil Jurisdiction and Judgments Act 1982

Ratio Decidendi

The Defendant did not have possession or control of the goods at the relevant time; Avijet, as a separate legal entity, lawfully held the documents. The Defendant's actions as agent did not constitute conversion. The English court lacked jurisdiction as the Claimant failed to establish a good arguable case of conversion against the Defendant.

Court Disposition

Claimant's application for continuation of injunction dismissed; proceedings stayed for lack of jurisdiction.

Orders

  • Injunction discharged.
  • Permission granted to amend particulars of claim by deleting account claim.