‘Deemed’ ownership protected by declaration

In Alstom Power Ltd v SOMI Impianti SRL [2012] EWHC 2644 (TCC), [2012] All ER (D) 74 (Oct) Mr Justice Akenhead held that the claimants were entitled to a declaration that ‘all appliances and things of whatsoever nature’ required for the execution and completion of the subcontract works which had been brought by the defendants or their subcontractors on to the site were deemed to be the property of the claimants while they remained on site and that the defendants were not entitled to remove them. Although property in the equipment had not passed permanently to the claimants, they nevertheless had valuable possessory and contractual rights which they were entitled to protect by way of a declaration.