PART 40JUDGMENTS, ORDERS, SALE OF LAND ETC

I JUDGMENTS AND ORDERS

Judgment in favour of certain part owners relating to the detention of goods40.14

(1)

In this rule “part owner” means one of two or more persons who have an interest in the same goods.

(2)

Where—

(a)

a part owner makes a claim relating to the detention of the goods; and

(b)

the claim is not based on a right to possession,

any judgment or order given or made in respect of the claim is to be for the payment of damages only, unless the claimant had the written authority of every other part owner of the goods to make the claim on his behalf as well as for himself.

(3)

This rule applies notwithstanding anything in subsection (3) of section 3 of the Torts (Interference with Goods) Act 197751, but does not affect the remedies and jurisdiction mentioned in subsection (8) of that section.