Delivery up orders in employee competition claims
Delivery up orders in employee competition claims

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Delivery up orders in employee competition claims
  • When to apply
  • Principles relevant to obtaining a delivery up order
  • Further resources

An order for delivery up is type of a mandatory injunction which can be used to compel the return of documents or other items wrongfully taken from the employer, within a certain specified period.

When to apply

Delivery up orders, search orders and freezing orders are normally sought as an interim remedy, as there is usually a great deal of urgency involved for the employer. Delay in applying for such orders may result in the permanent loss or destruction of the items concerned. An order for delivery up is usually perceived as a less aggressive type of remedy than a search order.

Due to the nature of the remedy provided by these orders, and the risk of relevant documents and property being destroyed if the defendant is alerted to the existence of the order in advance, these orders are often sought without notice, on an application heard in the absence of the defendant(s).

An applicant making an application without notice

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