![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
England and Wales Court of Appeal (Civil Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Freeman v Walker [2001] EWCA Civ 923 (15 June 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/923.html Cite as: [2001] EWCA Civ 923 |
[New search] [Printable RTF version] [Help]
ON APPEAL FROM READING COUNTY COURT
(Recorder Critchlow)
The Strand London WC2A Friday 15 June 2001 |
||
B e f o r e :
MR JUSTICE WALL
____________________
IVAN FREEMAN | ||
Claimant | ||
and: | ||
STEWART WALKER | ||
Defendant | ||
and: | ||
JOHN BRICE | ||
1st Part 20 Defendant | ||
2nd Part 20 Claimant | ||
Respondent | ||
and | ||
ERIC WALTON | ||
Second Part 20 Defendant | ||
Appellant |
____________________
The Respondent did not appear and was not represented
____________________
Crown Copyright ©
Friday 15 June 2001
"(1) This section applies where a motor vehicle has been bailed or (in Scotland) hired under a hire purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person. . .
(3) Where the person to whom the disposition referred to in subsection (1) above ('the original purchaser') is a trade or finance purchaser, then if the person who is the first private purchaser of the motor vehicle after that disposition (the 'first private purchaser') is a purchaser of the vehicle in good faith without notice of the relevant agreement, the disposition of the vehicle to the first private purchaser shall have effect as if the title of the creditor to the vehicle had been vested in the debtor immediately before he disposed of it to the original purchaser."
"The case as summarised in the claimant's skeleton, Mr Freeman's skeleton argument, is about a Bentley motor car, and counsel who drafted that skeleton argument said that Mr Freeman fell in among car dealers, suggesting something of a pejorative nature. It seems to me, having heard evidence in this case, that that is a highly appropriate way to summarise what in fact happened to Mr Freeman because Mr Walker, in my judgment, was dealing in cars at the time and it is not in dispute that Mr Brice was a car dealer of some 30 years' experience and also Mr Walton, through family companies and otherwise, has been involved in the motor trade business for many many years."