The client, a 77-year-old property owner, was evicted from a residence on 15 May 2024 by bailiffs. The property had been occupied jointly with her husband, and later with her son and daughter-in-law, with the son paying the mortgage and the client covering household expenses. Following the eviction, the client was informed by a solicitor that the property had been auctioned and her belongings had been removed. She was not given an opportunity to retrieve her possessions, which include religious items of cultural significance, family heirlooms, gold, clothing, wedding albums, and other personal effects accumulated over five decades. The client practises Sikhism and had made arrangements with a local religious institution to respectfully relocate sacred items, including the Guru Granth Sahib ji. However, a mutually convenient date could not be agreed, and the property was sold before the items could be moved. The client now seeks compensation for the loss of her possessions and wishes to recover any items that may still be in the receiver’s possession.
The legal question centres on whether the receiver, who took possession of the property, became a bailee of the client’s goods and thereby owed a duty of care. Under bailment principles, a receiver may become either a voluntary or involuntary bailee depending on whether they accepted responsibility for third-party property. If the receiver had notice of the client’s claim and failed to act reasonably, they may be personally liable for loss or damage. The receiver’s obligations under the Insolvency Act 1986 and common law negligence are also relevant, particularly if the goods were wrongfully disposed of after notice was given.
Counsel, Mr. Samuel Okoronkwo, advised that further information is needed before proceeding. Specifically, the client must provide a detailed inventory of the lost items, including estimated value for each, and the contact details of the receiver. Counsel noted that pursuing compensation may not be worthwhile if the receiver can demonstrate that reasonable opportunity was given to collect the belongings. A follow-up conversation will be required to assess the viability of the claim and determine whether formal correspondence should be initiated with the receiver.
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