Torts (Interference with Goods) Act 1977

13 Sale authorised by the court. E+W

(1) If a bailee of the goods to which section 12 applies satisfies the court that he is entitled to sell the goods under section 12, or that he would be so entitled if he had given any notice required in accordance with Schedule 1 to this Act, the court—

(a) may authorise the sale of the goods subject to such terms and conditions, if any, as may be specified in the order, and

(b) may authorise the bailee to deduct from the proceeds of sale any costs of sale and any amount due from the bailor to the bailee in respect of the goods, and

(c) may direct the payment into court of the net proceeds of sale, less any amount deducted under paragraph (b), to be held to the credit of the bailor.

(2) A decision of the court authorising a sale under this section shall, subject to any right of appeal, be conclusive, as against the bailor, of the bailee’s entitlement to sell the goods, and gives a good title to the purchaser as against the bailor.

(3) [F1 In this section “ the court ”, in relation to England and Wales, means the High Court or the county court and, in relation to Northern Ireland, means the High Court or a county court, save that a county court in Northern Ireland has jurisdiction in the proceedings only if ] [F2 the value of the goods does not exceed the county court limit mentioned inArticle 10(1) of the County Courts (Northern Ireland) Order 1980. ]

Extent Information

E1 This version of this provision extends to England and Wales ; a separate version has been created for Northern Ireland only.

Textual Amendments

F1 Words in s. 13(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 133(f); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Words in s. 13(3) substituted (in place of omitted words) (E.W.) (01.07.1991) by S.I. 1991/724, art. 2(8), Sch. Pt.I (with art. 12)

Modifications etc. (not altering text)

C1 S. 13 extended (E.W.) (01.07.1991) by S.I. 1991/724, art. 2(1)(i) (with art. 12).

13 Sale authorised by the court. N.I.

(1) If a bailee of the goods to which section 12 applies satisfies the court that he is entitled to sell the goods under section 12, or that he would be so entitled if he had given any notice required in accordance with Schedule 1 to this Act, the court—

(a) may authorise the sale of the goods subject to such terms and conditions, if any, as may be specified in the order, and

(b) may authorise the bailee to deduct from the proceeds of sale any costs of sale and any amount due from the bailor to the bailee in respect of the goods, and

(c) may direct the payment into court of the net proceeds of sale, less any amount deducted under paragraph (b), to be held to the credit of the bailor.

(2) A decision of the court authorising a sale under this section shall, subject to any right of appeal, be conclusive, as against the bailor, of the bailee’s entitlement to sell the goods, and gives a good title to the purchaser as against the bailor.

(3) [F1 In this section “the court”, in relation to England and Wales, means the High Court or the county court and, in relation to Northern Ireland, means the High Court or a county court, save that a county court in Northern Ireland has jurisdiction in the proceedings only if ]the value of the goods does not exceed the county court limit.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only.

Textual Amendments

F1 Words in s. 13(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 133(f); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)