Calor Gas Ltd v Homebase Ltd [2007] EWHC 1173 (Ch) (18 May 2007)

Homebase's deliberate retention and handling of Calor's cylinders post-termination, in defiance of Calor's express prohibition, constitutes conversion and trespass. Calor's right to immediate possession revives upon breach of bailment, entitling it to interim injunctive relief.

Citation: [2007] EWHC 1173 (Ch)
Parties: Claimant: Calor Gas Limited; Defendant: Homebase Limited
Jurisdiction: England and Wales
Judgment Date: 18 May 2007
Procedural Posture: Interim Injunction Application / Post Hearing, Judgment on Interim Relief
Outcome: Interim injunction granted in favour of Calor Gas Limited.
Legal Topics: Conversion, Trespass to Goods, Bailment, Interim Injunctions, Contract Termination

Tort Law Contract Law Property Law Conversion Trespass to Goods Bailment Interim Injunctions Contract Termination

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Parties

Calor Gas Limited

Claimant

Homebase Limited

Defendant

Procedural Posture

Interim Injunction Application / Post Hearing, Judgment on Interim Relief

Legal Issues

1 Whether Homebase's handling of Calor's LPG cylinders post-contract termination constitutes conversion and trespass to goods
2 Whether Calor is entitled to an interim injunction restraining Homebase from handling its cylinders

Ratio Decidendi

Court Disposition

Interim injunction granted in favour of Calor Gas Limited.

Orders

Homebase restrained from handling, receiving, retaining, or otherwise dealing in Calor's LPG cylinders until trial or further order.