Possession

Question 1

Harris v Abbey National Plc

Answer 1

1. There were tenants of a property
2. The landlord had granted a standard security
3. The landlord did not keep up with the payments
4. Abbey National was the lender and it enforced the mortgage
5. It had the tenants evicted
6. The man had left some of his moveable items in a locked cupboard
7. The cupboard was disposed of
8. He sued on the basis that this was a wrongful act (a delict) and they were required to take care of his belongings
9. Abbey National argued that they did not know what was in the cupboard
10. The Sheriff held that you can intend to possess the insides of a ‘container’ if there is a clear intention to control the container
11. Abbey National were liable to pay damages for the loss
12. The damages were reduced as the court found the man had been contributorily negligent
13. If you have a manifest intention to control something, that can include control of things within it