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Torts (Interference with Goods) Act 1977

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This is the original version (as it was originally enacted).

4Interlocutory relief where goods are detained

(1)In this section "proceedings" means proceedings for wrongful interference.

(2)On the application of any person in accordance with rules of court, the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for the delivery up of any goods which are or may become the subject matter of subsequent proceedings in the court, or as to which any question may arise in proceedings.

(3)Delivery shall be, as the order may provide, to the claimant or to a person appointed by the court for the purpose, and shall be on such terms and conditions as may be specified in the order.

(4)The power to make rules of court under section 99 of the Supreme Court of Judicature (Consolidation) Act 1925 or under section 7 of the Northern Ireland Act 1962 shall include power to make rules of court as to the manner in which an application for such an order can be made, and as to the circumstances in which such an order can be made; and any such rules may include such incidental, supplementary and consequential provisions as the authority making the rules may consider necessary or expedient.

(5)The preceding provisions of this section shall have effect in relation to county courts as they have effect in relation to the High Court, and as if in those provisions references to rules of court and to section 99 of the said Act of 1925 or section 7 of the Northern Ireland Act 1962 included references to county court rules and to section 102 of the County Courts Act 1959 or section 146 of the County Courts Act (Northern Ireland) 1959.

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