ABSTRACT
Despite the fact that the CLRC expressed the belief that the concept of ‘dishonest appropriation’ would ‘easily be understood even without the aid of further definition’,61 an interpretation of appropriation was offered in s 3(1). However, the definition was not exhaustive and two major issues remained unexplained by s 3 alone. First, just exactly how many of the rights of an owner must be assumed before an appropriation has occurred; and, secondly, whether it is possible for an appropriation to take place with the consent of the owner. Both these issues have been addressed by the House of Lords, who have had to consider the meaning of the word ‘appropriates’ on four occasions since the enactment of the TA 1968; s 3 must now be read in the light of these decisions.
