If you have lost a criminal case, or it is going nowhere, there is an easier route to achieve justice… 

Introduction

In the realm of legal disputes, victims typically have both civil and criminal avenues to pursue. You have the option to file a corresponding civil claim, but you might wonder: why would you consider this route? 

The answer lies in the nature of the burden of proof. Civil claims have a lower threshold than their criminal counterparts, which can make the pursuit of justice more accessible.

Here’s a quick comparison: 

Let us say your criminal claim has a solid chance of winning and assume an estimated 75% success rate from a legal expert’s opinion. However, due to the stringent burden of proof required in criminal cases, this would unfortunately still fall short. While 75% is commendable, it’s still 15% away from that daunting 90%. This situation may feel unfair, especially when your case has such promising odds. 

In contrast, if you were to take this same situation to a civil court, your claim would likely be well above the 51% threshold required for success. The takeaway here is clear: pursuing justice through a civil claim can often be a more viable option. This article delves into the civil counterpart to theft: the tort of conversion.

Conversion means intentionally interfering with someone else’s goods in a way that is inconsistent with their rights. 

Understanding Conversion 

In legal terms, conversion occurs when one intentionally interferes with someone else’s goods in a way that infringes upon their rights. 

Drawing from the landmark case of Fouldes v Willoughby (1841), conversion can be defined as: “An act of wilful interference, without lawful justification, with any chattel in a manner inconsistent with the right of another, whereby that other is deprived of the use and possession of it.” 

To successfully argue a conversion claim under English law, a claimant must demonstrate:

1. A Right to Possession: the claimant must have had an immediate right to possess the goods at the time the wrongful act took place. 
2. Dealing with the Goods: the defendant must have handled the goods in a way that contradicts the claimant’s rights. This might include actions like taking, using, destroying, or simply refusing to return the items. 

Once these elements are established, the goods in question are considered to be “converted.”

Common Defences to Conversion

These include:

1. Consent. For example, if the claimant authorised the defendant’s act.
2. Lawful lien. For example, where the defendant is entitled to retain goods until payment is made.
3. Necessity or statutory authority. For example, powers granted to bailiffs or customs officers.

Remedies for Conversion

When it comes to remedies, the primary one is damages, which are generally calculated based on the market value of the goods at the time of conversion. This principle was solidified in the case of Kuwait Airways Corp v Iraqi Airways Co (Nos 4 and 5) [2002], where it was asserted that damages should reflect the full market value of the aircraft that were wrongfully taken. In specific scenarios, claimants may also request an order for the return of the goods—especially if they are unique or carry sentimental value.

Conclusion

The tort of conversion serves as a crucial mechanism in English tort law, striking a delicate balance between possessory rights and the sanctity of personal property. Its nature, particularly how it disregards the defendant’s intent, underscores a firm commitment to protecting individuals’ rights. Legal professionals should always be cognizant of the elements and defenses surrounding conversion as they navigate civil disputes related to property. 

Griffin Law is a dispute resolution firm comprising innovative, proactive, tenacious and commercially-minded lawyers. We pride ourselves on our close client relationships, which are uniquely enhanced by our transparent fee guarantee and a commitment to share the risks of litigation.  For more details of our services please email justice@griffin.law or call 01732 52 59 23.

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