Costello v Chief Constable of Derbyshire Constabulary

Facts

The police seized a Ford Escort from Costello under their statutory power, believing it stolen. When that power ended they refused to return it. The trial judge found the car was stolen and that Costello knew it.

Issue

Does a possessor have a title the police must respect once their statutory power to keep the goods has ended?

Held

Yes. The Court of Appeal ordered delivery up, and damages for wrongful detention from the date the statutory power ended. Lightman J gave the judgment.

Principle

Possession gives a title good against everyone except a person with a better right. The rule applies even where possession was obtained by theft. A lawful seizure suspends that title only for as long as the statute allows the police to retain the goods.

Why it matters

It is the modern authority on relative title to goods. The true owner would defeat Costello. The police, having no title of their own, could not.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.