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How to use conversion claims to reclaim goods unlawfully retained by others

If someone has wrongfully retained or taken possession of your property, you may have the right to bring a claim under the Torts (Interference with Goods) Act 1977.

One of the key legal remedies under this Act is a claim for conversion, which allows you to recover your goods or seek compensation for their value.

What is conversion?

Conversion occurs when someone intentionally deals with your property in a way that denies you your rights to it. This can include:

Retaining your property without permission – For example, if you have lent something to someone and they refuse to return it.

Using or selling your property – If someone takes it upon themselves to sell, use, or destroy your belongings without your consent.

Changing ownership – This includes situations where the goods are sold to a third party.

Under the Torts (Interference with Goods) Act 1977, conversion replaced the old tort of detinue, which was specifically concerned with unlawfully retaining goods.

Now, all such claims fall under the broader tort of conversion.

What can you do if someone has withheld your property?

If someone refuses to return your goods, you may have a legal claim for conversion. Here are the steps you can take.

Request the return of your goods

The first step is to formally request the return of your property.

This could be done via a written letter or email, clearly outlining your ownership and the fact that the other party is unlawfully retaining it.

We can help you write this request, ensuring you have laid out exactly what you need.

Gather evidence

Make sure you have proof of ownership, such as receipts, contracts, or other documentation.

You should also gather any evidence of communication with the other party, such as emails or text messages showing your request for the return of the goods.

Seek legal advice

If the other party refuses to return your property, we can offer legal support by assessing your case and guiding you on the best course of action.

Issue a conversion claim

If the goods are not returned, you can bring a claim for conversion in the civil courts.

In doing so, you may be able to seek either a return of the goods (if they are still available) or damages equivalent to the market value of the goods at the time of the wrongful retention.

What remedies are available in conversion claims?

When you bring a claim for conversion, the court will consider several factors to determine the appropriate remedy.

The two main remedies available are:

The return of your goods – If the goods are still in existence and have not been sold or destroyed, the court can order the return of your property.

Compensation for your losses – If the goods cannot be returned, the court can award you damages equal to the value of the goods at the time they were wrongfully taken or retained.

In some cases, you may also be entitled to compensation for any consequential losses, such as if the loss of the goods has caused financial harm to you or your business.

Protecting your rights

When someone wrongfully interferes with your goods, it can be a frustrating and stressful experience.

However, the law provides clear remedies for those affected by conversion.

If you believe that someone is unlawfully retaining your goods, get in touch with our civil disputes team today for legal support.