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Asset recovery under a writ of delivery
If you need to recover specific goods, rather than money or property, this can be achieved under a High Court writ of delivery for “delivery of goods, damages and costs”.
The writ of delivery is a quick and easy method of enforcement – we will transfer up your court order to the High Court for enforcement under the writ.
Art and collectibles
A writ of delivery can be used to recover collections of items such as artwork, sculpture, photographs, furniture, manuscripts and stamps, which have been loaned out but not returned.
Once the formal seizure is completed, it becomes a criminal offence to interfere, move or dispose of the goods without permission. Doing so can lead to a prison term of up to 51 weeks, a fine of up to £2,500, or both.
Vehicles, plant and machinery
We support a wide range of finance companies with the recovery of goods that have been supplied but where payments have ceased. The finance company retains title to the goods, frequently vehicles, but also plant equipment and machinery, until they have been paid in full.
The finance company will issue a default notice giving their customer time within which to make payment. If no payment is forthcoming, the company can start repossession.
A court order is required if one third or more of the sale price has already been paid.
Counterfeits
Under law, counterfeit goods are deemed to belong to the trademark owner, not the counterfeiter.
Using a writ of delivery to recover specific goods, we have a great deal of experience and expertise in removing counterfeits from circulation. These enforcement actions often require a co-ordinated approach to effect simultaneous raids on multiple warehouses and retailers, where we act with discretion to maintain good relations with retailers.
The complete removal of the goods may be a lower priority for Trading Standards and the Police than for the brand owner, so High Court enforcement can often be a more effective option.
Patent claims for damages
When an IP dispute such as a trademark or copyright infringement arises in the Patents County Court, the dispute may lead to a monetary award being made to the successful party.
Should the award remain unpaid, then you can instruct us to obtain and enforce a writ of control to secure payment of the award.
Should you need to recover both the goods and collect damages and costs, we can enforce for both under a single writ of delivery.
