Delivery up orders in employee competition claims and confidentiality claims


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Employment expert
Practice notes

Delivery up orders in employee competition claims and confidentiality claims


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Employment expert

Practice notes
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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.

These include applications for order for:

  1. •

    delivery up pursuant to CPR 25 and section 4 of the Torts (Interference with Goods) Act 1977 in cases where the defendant is alleged to have wrongfully interfered with good belonging to the claimant (delivery up of goods)

  2. •

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

  3. •

    the preservation of property pursuant to CPR 25

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 an alternative, less

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Jurisdiction(s):
United Kingdom
Key definition:
Delivery definition
What does Delivery mean?

Delivery is defined in the sale of goods Act 1979, s 61(1) as the 'voluntary transfer of possession from one person to another' which is the point in time when the parties can be seen to have agreed that the legal right to possession of the goods passes from the seller to the buyer. A distinction must be made between the transfer of possession/delivery and the passing of title/ownership.

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