Orr v Diaper ((1876) 4 Ch D 92, 25 WR 23)

Citation:Orr v Diaper ((1876) 4 Ch D 92, 25 WR 23)

Link to case on WorldLII (reference).

Rule of thumb 1:What happens if a person in charge of an organisation becomes aware of fraud taking place? If a person in charge of an organisation is aware of fraud taking place, it is their duty to report it & failure to do so is a crime by the person in charge.

Rule of thumb 2:What happens if you realise that you may be in possession of goods which were stolen? You should report the matter to Police.

Judgment:

‘In this case the Plaintiffs do not know, and cannot discover, who the persons are who have invaded their rights, and who may be said to have abstracted their property. Their proceedings have come to a deadlock, and it would be a denial of justice if means could not be found in this court to assist the Plaintiffs.’ (Viscount Hall)

‘it is his duty if he receives notice that goods bear a fraudulent imitation of another man’s brand, he ought to ascertain this as speedily as possible after such notice, and to take the proper and necessary steps to prevent their being disposed of in that state’, Lord Romily

Ratio-decidendi:

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.