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Wilson v Lombank

293 words (1 pages) Case Summary

21st Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Wilson v Lombank [1963] 1 WLR 1294

Torts – Trespass – possession of vehicle – effect of lien over goods


Wilson bought a car off Lombank. The representative of Lombank had no right to sell the vehicle. Wilson took the vehicle to the garage for repairs, where he had a line of credit with the garage, having used them in the past. The car was mistakenly taken by another Lombank representative, thinking it was one of theirs. Lombank later returned it to Wilson after realising their mistake. Wilson sued for damages for trespass of the car.


Whether Wilson’s line of credit to the garage affected his possession over the vehicle and whether he was entitled to damages for trespass.


Upon consideration of the past dealings between the garage and Wilson, there was found to be an implied term between Wilson and the garage but no lien. Wilson had possession of the car, never lost possession of the car at any stage and had rights to immediate possession. As Wilson could have demanded to have access to the car at any time, he had possession of the vehicle as and when he chose. It was also relevant that the garage had waived any responsibility when the representative collected the vehicle, which went towards demonstrating that the line of credit did not affect ownership. As a result of the vehicle having been mistakenly taken, Wilson was entitled to damages for the total sum of the repairs and the value of the vehicle. Lombank’s mistaken occupancy of the vehicle amounted to trespass of Wilson’s property.

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UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

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