Article 5

The following rule shall be inserted in Order 42 after rule 1:—

“Judgment in favour of reversioner for detention of goods

1A

(1)

Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment or order given or made in respect of the claim shall, notwithstanding anything in section 3(3) of the Torts (Interference with Goods) Act 1977, be for the payment of damages only.

In this paragraph “partial owner” means one of two or more persons having interests in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.

(2)

This rule is without prejudice to the remedies and jurisdiction mentioned in section 3(8) of the said Act of 1977.”