Calor Gas Ltd v Homebase Ltd
Homebase's deliberate handling and storage of Calor cylinders after express prohibition by Calor constitutes conversion and trespass, as Calor's right to immediate possession arises upon breach of the Form 167 agreement. Homebase's actions are inconsistent with Calor's rights and cannot be justified as reasonable under the contract.
- Parties
- Claimant: Calor Gas Limited; Defendant: Homebase Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 18 May 2007
- Procedural Posture
- Application for Interim Injunction / Ruling on Interim Injunction
- Outcome
- Interim injunction granted
- Legal Topics
- Conversion, Trespass to Goods, Bailment, Interim Injunction, Wrongful Interference With Goods
Case Brief
Summary, issues, holding and outcome
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Parties
Calor Gas Limited
Claimant
Homebase Limited
Defendant
Procedural Posture
Application for Interim Injunction / Ruling on Interim Injunction
Legal Issues
- 1 Whether Homebase's handling of Calor's gas cylinders post-termination constitutes conversion and trespass to goods
- 2 Whether Calor is entitled to an interim injunction restraining Homebase from handling its cylinders
Ratio Decidendi
Homebase's deliberate handling and storage of Calor cylinders after express prohibition by Calor constitutes conversion and trespass, as Calor's right to immediate possession arises upon breach of the Form 167 agreement. Homebase's actions are inconsistent with Calor's rights and cannot be justified as reasonable under the contract.
Court Disposition
Interim injunction granted
Orders
- Homebase is restrained from handling Calor's gas cylinders as specified in the application until trial or further order
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