Parker v British Airways Board
A finder of a lost item in a building has a better right to it than the occupier, unless the occupier had manifested an intention to exercise control over the building and things in it.
Facts
Mr Parker, a passenger waiting in the executive lounge at Heathrow Airport, found a gold bracelet lying on the floor. He handed it to an employee of British Airways, which occupied the lounge, with his name and address, asking for it to be returned to him if the owner was not found. The owner never claimed it, and British Airways sold it. Mr Parker sued British Airways for the value of the bracelet.
Legal principle
The Court of Appeal held that Mr Parker was entitled to the value of the bracelet. Donaldson LJ said that an occupier of a building has rights superior to those of a finder over chattels upon or in the building, but not over things lying loose on it, unless the occupier has manifested an intention to exercise control over the building and the things which may be upon it or in it. British Airways had not manifested a sufficient intention to control lost items in the lounge, so Mr Parker, as the finder, had the better title.
Related cases on land, fixtures and chattels
- Berkley v Poulett (1976) 241 EG 911
- Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479
- Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35, [2011] 1 AC 380
- Botham v TSB Bank plc (1997) 73 P & CR D1
- Chelsea Yacht and Boat Co Ltd v Pope [2000] 1 WLR 1941
- D'Eyncourt v Gregory (1866) LR 3 Eq 382
- Elitestone Ltd v Morris [1997] 1 WLR 687
- Hamp v Bygrave (1983) 266 EG 720
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
