Bear Necessities Daycare Ltd v Lancashire Fuels 4 U Ltd and another

Tort – Wrongful interference with goods. The applicant company leased cars and sub-leased them to the first respondent company, pursuant to two contracts. The applicant brought a claim, contending that the first respondent had breached its obligations under the contracts. It applied for interim orders for delivery up and for preservation of the cars, contending that the refusal to deliver them up amounted to the wrongful interference of its goods in breach of s 4 of the Torts (Interference with Goods) Act 1977. The Chancery Division dismissed the application, ruling that the balance of convenience clearly laid in leaving the cars in the possession of the first respondent.

Category: