B - Bailment
5/6/20
SCIPION ACTIVE TRADING FUND v VALLIS GROUP LTD [2020] EWHC 1451 (Comm)
Considers the right of a possessor or bailee of goods to sue for damages for loss of the goods [74] and the applicable law in cases of claims to possession of goods [88]. In the case of contractual bailment, the applicable law is the law governing the contract [91]. Considers whether a contract of bailment precludes the bailee from denying the bailor’s title and right to possession [101]. The Torts (Interference with Goods) Act 1977 does not extend to contractual claims where concurrent liability exists in contract and tort or bailment. It only applies to claims in tort [108]. Considers when a party is estopped from denying the validity of security [119]. On the facts a pledge was valid under the applicable law [214]. Considers the measure of loss recoverable by a pledgee [219], valuation and mitigation [239].