Environment Agency v Churngold Recycling Ltd

Environment Agency v Churngold Recycling Ltd

The tort of conversion does not extend to copies of documents or intangible property such as electronic data. The Environment Agency, as owner of the copies, cannot be liable in conversion to Churngold for those copies. The court was not entitled to order delivery up of the copies or electronic data under a claim for conversion.

Parties
Appellant: The Environment Agency; Respondent: Churngold Recycling Ltd
Jurisdiction
England and Wales
Judgment Date
04 July 2014
Procedural Posture
Civil Appeal / Appeal From First Instance Judgment (interlocutory Application)
Outcome
appeal allowed
Legal Topics
Conversion, Intangible Property, Statutory Powers, Remedies for Unlawful Seizure
Tort Law Statutory Interpretation Conversion Intangible Property Statutory Powers Remedies for Unlawful Seizure

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Parties

The Environment Agency

Appellant

Churngold Recycling Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From First Instance Judgment (interlocutory Application)

Legal Issues

  1. 1 Whether the tort of conversion extends to copies of documents and intangible goods such as electronic data
  2. 2 Whether the court can order delivery up of copies and electronic data obtained by the Environment Agency allegedly in excess of statutory powers

Ratio Decidendi

The tort of conversion does not extend to copies of documents or intangible property such as electronic data. The Environment Agency, as owner of the copies, cannot be liable in conversion to Churngold for those copies. The court was not entitled to order delivery up of the copies or electronic data under a claim for conversion.

Court Disposition

appeal allowed

Orders

  • Order of first instance judge set aside to the extent it required delivery up of copies and electronic data to Churngold
  • No order for delivery up of copies or electronic data under the tort of conversion