Rule 40.14 Judgment in favour of certain part owners relating to the detention of goodsI1
England and Wales
In this rule “part owner” means one of two or more persons who have an interest in the same goods.
Where—
a part owner makes a claim relating to the detention of the goods; and
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.
This rule applies notwithstanding anything in subsection (3) of section 3 of the Torts (Interference with Goods) Act 1977f1, but does not affect the remedies and jurisdiction mentioned in subsection (8) of that section.
Annotations
Commencement
- I1
Rule 40.14 in force at 26.4.1999, see Signature
Footnotes
- f1
Notes on Part 40
Textual amendments
- F1
Pt. 40 heading substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(1)
- F2
Pt. 40 Table of Contents substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 4 Pt. 1
- F3
Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(i) (with rule 41)
- F4
Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(ii) (with rule 41)
- F5
Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(iii) (with rule 41)
- F6
Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(iv) (with rule 41)
Notes on
Textual amendments
- F1
Pt. 40 Section 1 heading inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(2), Sch. 4 Pt. 1