WORKING THROUGH USING WESTLAW UK What is the principle in this case? We need to find out if it is possible to steal property which has been abandoned? If so then what is the test to define “abandoned property”? When you have a question, the best place to start on Westlaw UK is with a Natural Language search. From the Home Page of Westlaw UK, select Natural Language and then enter can it be theft if property is abandoned, and then click Search
As you can see we have retrieved a number of full cases and journal articles. Your results are ordered by relevance and as you can see from the Subject and Keywords, they all seem very relevant to our situation.
Click in to view the first article abstract. Considers the principles that may be applied by the courts in theft cases to determine the existence of a third party's proprietary interest in abandoned goods. Compares the approach adopted in the Divisional Court judgment in Hibbert v McKiernan, a case concerning the alleged theft of lost golf balls, to that used in civil actions where owners or occupiers of land claimed title to goods abandoned on their property. The case of Hibbert would seem entirely relevant, so use the link from the article to access that case. This case would seem entirely relevant on its facts. However it is a case from 1948 and makes reference to the Larceny Act which is no longer in force (which is why there is no live link in the legislation cited section of the Analysis document).
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