What is delivery up?
Delivery up is a remedy under the Torts (Interference with Goods) Act 1977 (“the Act”), which can be awarded if, for example, in contravention with a bailment, an individual interferes with the title of goods owned by another.
What is a bailment?
A bailment occurs when one individual (“the Bailee”) is in voluntary possession of goods for a period of time, which belong to another individual (“the Bailor”). Under a bailment, the Bailor should have consented to the Bailee possessing the goods. An example of a bailment is when a company hires machinery or a vehicle, under an Unregulated Hire Purchase Agreement.
Under the bailment, the Bailee and the Bailor have several duties. For example, the Bailee has a duty to take reasonable care of the goods and to return the goods to the Bailor at the conclusion of the bailment. In turn, the Bailor can have a duty to collect the goods at a specified time. Upon the conclusion of the bailment, the Bailee must deal with the goods, in compliance with the bailment terms.
What will be considered an interference with title of the goods?
If the Bailee sells the goods, they will have wrongfully interfered and converted the goods for their own use. Consequently, the Bailor can make an application with the Court for an Order that the Bailee deliver up the goods, pursuant to section 4 of the Act.
Our Banking & Finance team have extensive experience in delivery up applications. The team are regularly instructed to issue delivery up applications for high valued goods and will swiftly and effectively prepare the necessary documentation and arrange for a Court hearing to be listed with regards to the application.
