The case establishes the rights that a person has to a chattel found on the surface of the land. 75, is the closest case on its facts to the present case. inHibbert v. McKiernan[1948]2K.B. 4617: The principle on which this case must be decided, and the distinction which must be drawn between this case and that ofBridges v. Hawkesworth,is to be found in a passage inPollock and Wright, Possession in the Common Law, p. 41: The possession of land carries with it in general, by our law, possession of everything which is attached to or under that land, and, in the absence of a better title elsewhere, the right to possess it also. In a dispute of this nature there are two quite separate problems. Whatever else may be in doubt, the Committee was abundantly right in this conclusion. The relationship was one of bailment and, like any other bailee, the plaintiff has become entitled to sue in trover or, as here, in detinue anyone who has interfered with his right of possession, save only the true owner or someone claiming through or on behalf of the true owner. Canada (Attorney General) v. Brock Estate et al., (1993) 32 B.C.A.C. 49 In all likely circumstances that licence will give the occupier a superior right to that of the finder. Ltd.[1970]1W.L.R. Someone had accidentally dropped a bundle of banknotes in a public shop. The Committee recommended legislative action but, as is not uncommon, nothing has been done. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. If all that was wrong then that case was wrongly decided. The bracelet had been lost by its rightful owner. He also found a gold bracelet lying on the floor. & S.566andBird v. Fort Frances[1949]2D.L.R. In Parker v British Airways Board , [102] the plaintiff found a gold bracelet on the floor of an airport executive lounge operated and occupied by the defendants. 5 minutes know interesting legal mattersParker v British Airways Board [1982] QB 1004 CA. That case is irrelevant to a situation where the occupier restricts access of members of the public to the premises as in the instant case. ], On the facts of the instant case the defendants are in a similar position as an innkeeper being the lessees of the lounge permitting selected members of the public to use the lounge. Mr Parker discovered what had happened and was more than a little annoyed. Indeed, I regard Lord Russell of Killowen C.J. 791. Some qualification has also to be made in the case of the trespassing finder. Who has better property rights, the owner of a premise or him? Mr. Hawkesworth undoubtedly had a right to exercise such control, but his defence failed. There is a broad distinction between this case and those cited from [Blackstones Commentaries]. Who has a better claim, him or the airport? The correct general rule is that stated inSouth Staffordshire Water Co. v. Sharman[1896]2Q.B. If the finder is not a wrongdoer, he may have some rights, but the occupier of the land or building will have a better title. Hannah v. Peel[1945]K.B. It follows that the plaintiff is entitled to possession of the pump, unless the defendant asserts and proves a title to the pump superior to that of the plaintiff. 65-4, July 2002. The funadmental basis of this is clearly public policy. Pratt C.J. Those were cases in which a thing was cast into a public place or into the sea into a place, in fact, of which it could not be said that anyone had a real de facto possession, or a general power and intent to exclude unauthorised interference Bridges v. Hawkesworthstands by itself, and on special grounds; and on those grounds it seems to me that the decision in that case was right. He sued British Airways in the Brentford County Court and was awarded 850 as damage and 50 as interest. Perhaps the only officials in sight were employees of British Airways. 791. The jeweller refused either to pay a price acceptable to the boy or to return it and the boy sued the jeweller for its value ( Armory v. Delamirie, 5 Strange 505). Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. and, so far as is material, was in the following terms, at pp. In the interests of clearing the ground and identifying the problem, let me now turn to another situation in respect of which the law is reasonably clear. D. 562 at page 568, although the chattel concerned was beneath the surface of the soil and so subject to different considerations. Parker v British Airways Board - Wikiwand (2d)727andKowal v. Ellis(1977)76D.L.R. in. The shopkeeper did not know they had been dropped, and did not in any sense exercise control over them. South Staffordshire Water Co. v. Sharman[1896]2Q.B. 44andHannah v. Peel[1945]K.B. This right would clearly have accrued to the plaintiff had the notes been picked up by him outside the shop of the defendant; and if he once had the right, the case finds that he did not intend, by delivering the notes to the defendant, to waive the title (if any) which he had to them, but they were handed to the defendant merely for the purpose of delivering them to the owner, should he appear. Bridges v. Hawkesworth(1851)21L.J.Q.B. Parker v British Airways Board [1982] 1 QB 1004 Facts A man finds a gold bracelet in an airport. The Possessor of Land Cases - lawexplores.com British Airways Board, [1982] QB 1004, whereby Parker discovered a bracelet on the floor of the British Airways executive lounge, submitted it to the B.A. But under the rules of English jurisprudence, none of their decisions binds this court. Trial Division. He was almost certainly an outgoing passenger because British Airways, as lessees of the lounge from the British Airports Authority and its occupiers, limit its use to passengers who hold first-class tickets or boarding passes or who are members of their Executive Club, which is a passengers' "club".
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