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Published online by Cambridge University Press: 02 January 2018
1. Kuwait Airways Corporation v Iraqi Airways Co (Nos 4 and 5)[2002] UKHL 19, [2002] 2 AC 883 at [129].
2. Ibid, at [39].
3. Douglas, S The nature of conversion’ (2009) 68(1) CLJ 198.CrossRefGoogle Scholar Douglas gives the example of Jones, M Textbook on Torts (Oxford: Oxford University Press, 8th edn, 2002).Google Scholar
4. Prosser, W The nature of conversion’ (1957) 42 Cornell Law Quarterly 168.Google Scholar
5. Birks, P Personal property: proprietary rights and remedies’ (2000) 11 KCLJ 1 at 2;Google Scholarsee also Douglas, above n 3.
6. It is however not the first treatise on conversion published in England. The reviewer has been able to locate two earlier treatises: A treatise of trover and conversion. Wherein the true motion of that action is stated, with the differences from other actions of the like nature, etc (London: printed by the assigns of Richard & Edw Atkyns for R V & R B sold by Tho Cater, 1696) and A treatise of trover and conversion; or, the law of actions on the case for torts and wrongs; wherein all the cases concerning such actions, are digested under their proper heads (London: printed by Eliz Nutt and R Gosling (assigns of E Sayer) for R Gosling, 2nd edn, 1721), this was first published in 1720, under another title.
7. The Tort of Conversion, p 1.
8. [2007] UKHL 21, [2008] 1 AC 1, a case in which John Randall QC was leading counsel for OBG.
9. 40 pages.
10. The Tort of Conversion, p 46.
11. Weir, T An Introduction to Tort Law (Oxford: Oxford University Press, 2nd edn, 2006) p 165.CrossRefGoogle Scholar
12. See Lee, J Confusio: reference to Roman law in the House of Lords and the development of English private law’ (2009) 5 RLT 24 at 52–58.Google Scholar
13. Tettenborn, A Conversion, tort and restitution’ in Palmer, N and McKendrick, E (eds) Interests in Goods (London: Informa, 2nd edn, 1998) p 825.Google Scholar
14. The Tort of Conversion, p 75.
15. Ibid, p 218; there are no other requirements.
16. Ibid, p 76.
17. Ibid, p 78.
18. Tettenborn, A Wrongful interference with goods’ in Dugdale, A and Jones, M (eds) Clerk and Lindsell on Torts (London: Sweet and Maxwell, 19th edn, 2006) para 17–29.Google Scholar
19. Douglas, above n 3, at 209.
20. For example Dugdale and Jones, above n 18, para 17-07, gives a definition which requires deliberate dealing ‘in a manner inconsistent with another's right whereby that other is deprived of the use and possession of it’.
21. Ibid, para 17-59.
22. The Tort of Conversion, p 98; cf N Curwen ‘Title to sue in conversion’ (2004) Conv 308 at 316–317, who argues that this would replace the fault-based liability in Lumley v Gye (1853) 2 El & Bl 216 with strict liability: ‘There can be no justification for introducing additional strict liability into commercial dealings where it is extremely difficult to discover a third person's interest in goods’.
23. The Tort of Conversion, p 106.
24. Green, S To have and to hold? Conversion and intangible property’ (2008) 71(1) MLR 114;CrossRefGoogle ScholarS Green ‘Can a digitised product be the subject of conversion’[2006] LMCLQ 568.
25. The Tort of Conversion, p 118, often referred to as software.
26. Ibid, pp 118–119.
27. Additionally, title to sue requires possession or an immediate right to possession.
28. M Bridge Personal Property Law (Oxford: Oxford University Press, 3rd edn, 2002) p 3.
29. Ibid, p 4.
30. The Tort of Conversion, p 128.
31. Ibid, p 132.
32. At [97].
33. P Morgan ‘Mitigation and conversion’[2010] LMCLQ 220.
34. The Tort of Conversion, p 222.
35. Ibid, p 217.
36. Birks, above n 5.