Recent cases (Charles Mitchell, 28 Apr 2005)

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Sender:	Charles Mitchell
Date:	Thu, 28 Apr 2005 15:45:14 +0100
Re:	Recent cases

Steve Hedley has had these cases on his site for a while but I only just got around to reading them, and it seems to me that they merit flagging up for the RDG in case you, like me, find it hard to keep up!

Kuwait Airways Corp v Iraqi Airways Co (No 6) [2004] EWHC 2603 contains an interesting and important discussion of 'user damages' for conversion and wrongful detention of goods by Cresswell J at [233]-[241] and [429]-[462].

Nabb Bros Ltd v Lloyds [2005] EWHC 405 (Ch) illustrates what a dog's breakfast the English courts have made of equitable proprietary restitutionary claims: at [66]-[77] Lawrence Collins J struggles but fails to make sense of it all for the purpose of applying the rules on service out of the jurisdiction under CPR rule 6.20 (14) and (15).

--
Charles Mitchell

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