Interim delivery up orders and preservation of property

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

  • Interim delivery up orders and preservation of property
  • What is an interim order for the delivery up of goods?
  • Wrongful interference and the power of the court to order delivery up
  • The power to grant an interim order for delivery up
  • What principles does the court apply?
  • In what sort of case would you apply for an interim order for delivery up for wrongful interference?
  • Interim delivery up orders for the preservation of assets
  • Interim delivery up orders—procedure
  • Orders for the preservation of property
  • What is a preservation of property order?
  • More...

Interim delivery up orders and preservation of property

The courts have an array of tools available to them for ensuring that viable claims are not frustrated by unscrupulous defendants who are prepared to ignore court orders, destroy evidence and/or dissipate assets. The most well-known are the two ‘nuclear options’—freezing injunctions (for guidance, see: Freezing injunctions—overview) and search orders (for guidance, see: Search orders—overview), along with the slightly less draconian proprietary freezing injunction (see Practice Note: Proprietary freezing injunctions).

However, there are other options available to a litigant who wishes to ensure the preservation of property where a freezing injunction or search order is inappropriate in the circumstances. This Practice Note provides guidance on some interim applications which may be deployed by applicants seeking to ensure that key property is preserved ahead of trial. This includes applications for orders:

  1. for delivery up pursuant to CPR 25.1(1)(e) and section 4 of the Torts (Interference with Goods) Act 1977 in cases where the defendant is alleged to have wrongfully interfered with goods belonging to the claimant (‘delivery up of goods’)

  2. for delivery up of assets belonging to the defendant where it is feared they will seek to evade enforcement of a judgment, and

  3. for the preservation of property pursuant to CPR 25.1(1)(c)(i)

What is an interim order for the delivery up of goods?

Wrongful interference and the power of the court

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