FORMS RELATING TO THE TORTS (INTERFERENCE WITH GOODS) ACT

1

Document seeking written authority of a person claiming to have or having an interest in goods to commence action for wrongful interference with goods¹

TORTS (INTERFERENCE WITH GOODS) ACT 1977 SECTION 8 RULES OF THE SUPREME COURT ORDER 15 RULE 10A To (full name)

of (address)

1 We propose to bring an action against (name) for the recovery of (precise description of goods) which he currently holds and refuses to return despite having been told so to do.

2 [We are the owner of the goods or we are part owners of the goods with you or specify the precise nature of title to the goods.]

3 You have claimed by your letter dated (date) that [you also have an interest in the goods or you have the following rights over the said goods, namely (insert details)].

[3201]

4 We are required before bringing proceedings for wrongful interference with goods where the proposed Plaintiff is one of two or more persons having or claiming any interest in the goods either:

4.1 to obtain the written authority of every other such person to bring proceedings on the latter’s behalf or

4.2 to indorse the writ or originating summons by which the action is commenced with a statement giving particulars of our title, and identifying any other person who, in our knowledge, has or claims any interest in the goods.

5 It may simplify matters and may involve less cost if you were able to provide the relevant authority under 4.1 above.

6 If you are willing so to do, please provide a written statement setting out the following:

6.1 such title as you claim to have in the goods

6.2 the fact that you are content for the action to be brought on your behalf

6.3 the authority of the person signing the consent, with confirmation that he or she is entitled to sign 6.4 the date on which the consent was signed.

(name of proposed plaintiff)

1 The object of this form is to elicit a letter of response which will comply with the requirements of RSC Ord 15 r 10A, and CCR Ord 15 r 4. See the Torts (Interference with Goods) Act 1977 s 8 (45 Halsbury’s Statutes (4th Edn) TORT). The material section of the Order is set out at clause 4.1 [3202]. No form is prescribed: it would be sufficient to set out the above in a letter.

[3202]

2

Document providing authority of a person claiming to have or having an interest in goods¹

TORTS (INTERFERENCE WITH GOODS) ACT 1977 SECTION 8 RULES OF THE SUPREME COURT ORDER 15 RULE 10A To (name of proposed Plaintiff)

1 We understand that you propose to commence an action for wrongful interference with (describe the goods in question).

2 We also understand that you wish to obtain the written authority of every other person having or claiming an interest in the said goods to bring proceedings on the their behalf.

3 We confirm:

3.1 the goods in which we claim to have title are the following: (describe the goods) 3.2 we have the following title in the goods: (insert details)

3.3 we confirm that we are content for the action to be brought on our behalf and

3.4 the position held by the person signing this consent is (insert details) and he/she has authority to sign this consent.

Date:

(signature)

1 The object of this Form is to comply with the requirements of RSC Ord 15 r 10A and CCR Ord 15 r 4, and to reduce in scope the possibility of the proposed defendant to an action for wrongful interference with goods raising a defence of jus tertii. There is no prescribed form. See generally Form 1 note 1 [3202] ante.

[3203]

3

Notice to bailor that goods are ready for re-delivery¹

TORTS (INTERFERENCE WITH GOODS) ACT 1977 SECTION 12(1)[,(3)]² To (name and address of bailor)³

[I (name and address of bailee) give or (name and address of bailee) (‘the Bailee’) gives]⁴ you notice as follows:

1 The (describe goods)⁵ (‘the Goods’), deposited by you on (date) with [me or the Bailee] for the purpose of [repair or valuation or appraisal or storage or as the case may be]⁶ [on the terms or it being implied] that the Goods would be re-delivered to you [when the [repair] had been carried out or as the case may be], are held at (address).

2 The Goods [are ready for delivery to you or will be ready for delivery to you when the contract for bailment relating to them is terminated on (date) in accordance with the notice in clause 4 below]⁷ as [the [repair] has now been carried out or [my or the Bailee’s] obligation as custodian has come to an end].

[3 The sum of £… is payable by you to [me or the Bailee] in respect of the Goods and became due before the date of this notice.]⁸

[4 In accordance with the contract of bailment made on (date) [I give or the Bailee gives] notice that the contract will terminate on (date).]⁹

5 You [are or will] accordingly [on (date) be] under an obligation to take delivery of the Goods [or to give directions as to their delivery] pursuant to the Torts (Interference with Goods) Act Schedule 1 paragraph 1¹⁰. [6 [I propose or The Bailee proposes] to sell the Goods on (date) if you have not [paid the sums of £… and]

taken delivery [or given directions as to delivery] of the Goods by that date.]¹¹ (signature of or on behalf of the bailee)

[3204]

1 This notice may be issued where the Torts (Interference with Goods) Act 1977 s 12(1) (45 Halsbury’s Statutes (4th Edn) TORT) applies ie where, subject to the terms of the bailment, the goods are in the bailee’s possession or under his control and:

(a) the bailor is in breach of an obligation to take delivery or, if the terms of the bailment so provide, to give directions as to their delivery, or

(b) the bailee could impose such an obligation by giving notice to the bailor but cannot trace or communicate with him, or

(c) the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving the bailor notice but cannot trace or communicate with him.

See ibid s 12(1), (2), (8), Sch 1 Pt I.

A bailee may, for the purposes of ibid s 12(1), impose an obligation on the bailor to take delivery or give directions as to delivery (ibid s 12(2)), where the bailee has accepted goods for repair or other treatment on terms (express or implied) that they will be re-delivered to the bailor when it has been carried out (ibid Sch 1 para 2); or if the bailee has accepted goods in order to value or appraise them (ibid Sch 1 para 3); or if the bailee (not being a mercantile agent) is in possession of the goods as custodian and his obligation, as such, has come to an end (ibid Sch 1 para 4). The provisions of ibid Sch 1 paras 2–4 apply

whether or not the bailor has paid any amount due to the bailee in respect of the goods, and whether or not the bailment is for reward, or in the course of business, or gratuitous: ibid Sch 1 para 5. A notice under ibid Sch 1 paras 2, 3 may be given at any time after the repair or other treatment, valuation or appraisal has been carried out. A notice under ibid Sch 1 para 4 may be given at any time after the ending of the obligation and may be combined with a notice terminating the bailee’s obligation as custodian.

A notice under ibid Sch 1 paras 1–4 must be in writing and may be given either by delivering it to the bailor, or by leaving it at his proper address, or by post: ibid Sch 1 para 1(2).

2 A notice of intention to sell goods (see ibid s 12(3), Sch 1 para 6 and Form 4 [3206] post may be combined with this notice, if the requirements of ibid Sch 1 paras 1(4), 6(4) are met (see note 11 below).

3 The proper address of the bailor is, in the case of a body corporate, the registered or principal office, and in any other case, the last known address of the bailor: ibid Sch 1 para 8.

4 The notice must specify the name and address of the bailee: ibid Sch 1 para 1(3)(a).

5 The notice must give sufficient particulars of the goods, as well as the address of the place where they are held: ibid Sch 1 para 1(3)(a).

6 The purpose may be repair or other treatment (ibid Sch 1 para 2), valuation or appraisal (ibid Sch 1 para 3) or some other purpose (eg storage, guarding) through which an obligation of custodianship has arisen (ibid Sch 1 para 4): see note 1 above.

7 Ibid Sch 1 para 1(3)(b).

8 Where any amount payable by the bailor to the bailee in respect of the goods became due before the date of the notice, the sum must be specified: ibid Sch 1 para 1(3)(c).

9 See note 7 above. The amount of notice required will depend on the terms of the contract.

10 The notice may impose on the bailor an obligation to take delivery of the goods (ibid Sch 1 para 1(1)), which includes, where the terms of the bailment admit, giving directions as to their delivery (ibid Sch 1 para 1(5)).

11 This clause may be included if the notice is sent by post in a registered letter or by recorded delivery service: ibid Sch 1 paras 1(4), 6(4).

[3205]

4

Notice of intention to sell goods¹

TORTS (INTERFERENCE WITH GOODS) ACT 1977 SECTION 12(3) To (name and address of bailor)²

[I (name and address of bailee) give or (name and address of bailee) (‘the Bailee’) gives]³ you notice as follows:

1 The (describe goods)⁴ (‘the Goods’) are held at (address) [and the sum of £… is payable by you to the Bailee in respect of the Goods and became due before the date of this notice⁵].

2 [The Goods are ready for re-delivery to you or, where this notice is combined with a notice terminating the contract of bailment, indicate that they are to be ready for redelivery upon termination of the contract—see Form 3 clause 2 [3204] ante]

3 [I propose or The Bailee proposes] to sell the Goods on (date)⁶ if you have not [paid the sum of £… and]

taken delivery [or given directions as to delivery] of the Goods by that date. This period is sufficient to provide you with a reasonable opportunity to take delivery of the Goods.

(signature of or on behalf of bailee) [3206]

1 This notice meets the requirements of the Torts (Interference with Goods) Act 1977 s 12(3), Sch 1 Pt II para 6 (45 Halsbury’s Statutes (4th Edn) TORT). The bailee may not give this notice, or exercise the right to sell the goods pursuant to such a notice, if he has notice that, because of a dispute concerning the goods, the bailor is questioning or refusing to pay all or part of what the bailee claims to be due to him in respect of the goods: ibid Sch 1 para 7(1). The notice must be sent by post in a registered letter or by the recorded delivery service: ibid Sch 1 para 6(4). See Paragraph 60.3 [3176] ante.

It will be necessary for the bailee to show that the following further requirements are met: (1) that the terms of the bailment do not provide to the contrary; (2) that the goods are in the possession or under the control of the bailee; (3) that some actual or constructive date for redelivery has passed; and (4) that if any amount is payable by the bailor to the bailee in respect of the goods, and if it became due before the giving of the notice, that the period between notice and sale will not be more than 3 months: see Paragraph 60 [3171] ante.

2 As to the proper address see Form 3 note 3 [3205] ante.

3 The notice must specify the name and address of the bailee: Torts (Interference with Goods) Act 1977 Sch 1 para 6(1)(a).

4 The notice must give sufficient particulars of the goods and the address or place where they are held: ibid Sch 1 para 6(1)(a).

5 Where any amount payable by the bailor to the bailee in respect of the goods became due before the date of the notice, the sum must be specified: ibid Sch 1 para 6(1)(c).

6 The date specified (see ibid Sch 1 para 6(1)(b)) must allow such period of notice as will afford the bailor a reasonable opportunity of taking delivery of the goods: ibid Sch 1 para 6(2). The period of notice must be at least three months if any amount payable in respect of the goods became due before the notice is given: ibid Sch 1 para 6(3).

[3207]

5

Notice of bailee accounting to the bailor following sale of goods¹

TORTS (INTERFERENCE WITH GOODS) ACT 1977 SECTION 12(5) To (name of bailor)

of (address of bailor)

1 [I or We] now confirm to you that on (date) [I or we or (name and address of bailee), the bailee] exercised [my or our or his] power of sale in respect of (describe the goods).

2 [I am or We are or He is] required by law to inform you of the fact that the sale has taken place, and to take an account following sale.

3 [I or We] now set out that account: (set out account).

4 [I or We] confirm that the method of sale adopted in respect of the goods was (insert details), which was the best method reasonably available in the circumstances.

(signature of or on behalf of bailee) [3208]

1 The purpose of this Form, which is not required to be in a particular form, is to ensure compliance with the requirements of the Torts (Interference with Goods) Act 1977 s 12(5) (45 Halsbury’s Statutes (4th Edn) TORT). The crucial section relates to the form of the account which is to be taken. The bailee must take the account on the footing that the best method of sale was adopted in the circumstances: ibid s 12(5)(a). The bailee must account to the bailor for the sums recovered, but the costs of sale may be deducted from the amount, as may any sum which has accrued by the time the bailee gives notice of his intention to sell the goods: ibid s 12(5).

[3209]