CLAIM FOR DAMAGES FOR ALLEGED UNLAWFUL DETENTION OF PROPERTY (DETINUE) – PROOF OF MALICE – ELEMENTS OF TORT OF DETINUE – CONTRAST BETWEEN PARTICULARIZING CLAIM BASED ON VICARIOUS AS DISTINCT FROM PERSONAL LIABILITY – IMPORTANCE OF CAREFULLY PARTICULARIZING CLAIM AND DEFENCE RESPECTIVELY – RULE 8.9A AND 10.7 OF THE CIVIL PROCEDURE RULES (CPR) – EARNING OF INCOME BY ONE OF CLAIMANTS CONTRARY TO PERTINENT STATUTORY PROVISIONS – PUBLIC POLICY – MEASURE OF DAMAGES FOR DETINUE – BURDEN OF PROOF AS REGARDS MITIGATION OF DAMAGES
Case Number
2007 HCV 04404
Year
Neutral Citation
[2013] JMSC Civ 134
Date of Delivery