Writ of delivery
A High Court writ of delivery is used to recover specific goods. It is not used that often, but is very effective when the circumstances are appropriate.
Writ of specific delivery
When the judgment or order is made for the return of specific goods, without the option of satisfying the judgment through the payment of a sum equal to the value of those goods, then enforcement will be under a writ of specific delivery.
Writ of delivery
If the judgment or order permits the payment of a sum equal to the value of the goods as an alternative to the return of the goods, this is enforced under a writ of delivery.
When to apply for a writ of delivery
If a customer defaults on payments of goods that are leased or rented, such as vehicles or machinery, where the title remains with the supplier or leasing company, a writ of delivery can be used to recover the goods for them to be delivered back to the owner.
Other circumstances where a writ of delivery may be used could include:
- Return of items on loan, for example artwork loaned to a gallery or left with an auction house
- Documents with no intrinsic value, such as legal papers or historical records
- Share certificates or bonds
- Personal possessions not returned after a divorce agreement, sometimes even the family pet
Counterfeits are deemed to belong to the owner of the brand or trade mark, so a writ of delivery may be used to enforce against premises which are storing or trading in counterfeit goods to remove them from circulation and deliver them to the brand owner.
There is a court fee of £66 to obtain the writ (using Form 64). The fees of the HCEO (High Court Enforcement Officer) are recoverable from the judgment debtor.Back