PROPRIETARY CLAIMS AND REMEDIES
(A) COMMON LAW PROPRIETARY CLAIMS AND REMEDIES
As a general rule, the Common Law has no proprietary remedies. Consequently, if the claimant has retained legal title in property which has been received by the defendant, the claimant can only claim the value of this property rather than the property itself. The only true exception to this relates to land, where the claimant is able to recover land from the defendant. There is also the remedy of delivery up of goods under section 3(3) of the Torts (Interference with Goods) Act 1977, which is a proprietary remedy which is available where the defendant has committed a tort involving interference with the claimant’s property rights, such as conversion. But this remedy is discretionary and is only available where compensatory damages are an inadequate remedy.
There are certain other exceptional circumstances where one party may be able to recover specific property from another party in legal proceedings. For example, in Greenwood v Bennett it was recognized that the court could order that a car should be transferred to the original owner in interpleader proceedings, where the possessor of the car was requesting the court to determine who had the better claim to it.
-  OBG Ltd v Allan  UKHL 21,  AC 1,  (Baroness Hale).
-  Trustee of the Property ofFC Jones and Sons (a firm) v Jones  Ch 159, 168 (Millett LJ).
-  In an action for ejectment.
-  See also the Minors’ Contracts Act 1987, s 3. See p 579, above.
-   QB 195. See p 82, above.