If B steals A's (intangible) property and sells it to C, does A have a
claim against C for the property or its value, and if so, what is the
legal basis of A's claim and what defences, if any, does C have to such a
claim? These questions are discussed at length in an important new
decision by Stephen Morris QC: Armstrong DLW GmbH v Winnington Networks
Ltd [2012] EWHC 10 (Ch), published on LEXIS but not yet on BAILII or
Westlaw. His decision contains extensive analysis of Lipkin Gorman,
Foskett, and Jones, and vindication is thoroughly endorsed. Graham Virgo
will be happy, but the analysis depends on an understanding of legal
property rights that continues to look very odd.

Best wishes for 2012
Charles

___________________________________________

Professor Charles Mitchell
Faculty of Laws
University College London
Bentham House
Endsleigh Gardens
LONDON WC1H 0EG

tel: +44 (0)20 7679 4517

http://www.ucl.ac.uk/laws/academics/profiles/index.shtml?mitchell-charles

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