Parker v British Airways Board [1982] 1 QB 1004

Court: English Court of Appeal

Facts: The defendant, British Airways (BA), occupied the international executive lounge at an airport terminal as lessees. They permitted certain passengers to use the lounge but did not publish any rules regarding lost property for its users, despite having internal procedures for handling lost items. Parker, a passenger waiting for his flight, found a gold bracelet on the floor of the lounge. He handed it to a BA employee, gave his contact details, and requested that the bracelet be returned to him if the owner was not found. When no one claimed the bracelet, BA sold it for £850 and retained the proceeds. Parker sued BA for the value of the bracelet.

Issue: Did Parker, as the finder, have a superior right to the bracelet over BA, the occupier of the lounge?

Held: The English Court of Appeal ruled in favor of Parker, dismissing BA's appeal. Parker was lawfully entitled to be in the lounge. BA had not shown an intention to exercise control over lost chattels in the lounge. BA had not demonstrated that the permission to enter the lounge was granted on the condition that any lost items found there would belong to them. Therefore, BA's claim to have superior rights to the bracelet, due to their occupation of the lounge, was dismissed.

Key Judicial Statements: Donaldson LJ remarked on the complexity of the issue: "It is astonishing that there should be any doubt as to who is right.”…."The conflicting rights of finder and occupier have indeed been considered by various courts in the past … but none of their decisions binds this court."…"We therefore have both the right and the duty to extend and adapt the common law in the light of established principles and the current needs of the community."

💡 Leveluplaw: Finders of lost items generally have a stronger claim to possession unless the occupier of the land can show an overt intention to exercise control over all items found on their property.