Retention of title claims

Retention of title clauses are a useful tool for suppliers of goods who extend a line of credit to their customers.

If you supply goods to customers on credit, you might expect that you would be entitled to recover them in the event that the customer doesn’t pay you for them. Unfortunately, that may not always be the case, but a supplier can protect its financial position and enforce its proprietary rights to the goods by ensuring that its terms and conditions of sale contain a retention of title clause.

A retention of title clause creates an important remedy for a supplier who has supplied items for which they have not yet received payment, allowing the supplier the right to recover the goods at any time whilst payment is outstanding.

It is often good commercial practice to seek legal advice before a commercial relationship is created to ensure that a retention of title clause is properly drafted and incorporated as a term of a contract for the sale and supply of goods to protect against facing difficulties when trying to enforce the clause against the debtor, a third party who may be in possession of the goods, or an administrator or liquidator appointed to control the affairs of an insolvent customer. 

We have a wealth of experience in drafting suitable retention of title clauses that protect your goods and your business, as well as advising both insolvency practitioners and suppliers on the validity of retention of title claims.  We also assist parties with the enforcement of these clauses and are ideally placed to assist with the recovery of goods for non-payment where necessary.

We aim to advise parties with commercial disputes so they may resolve them as quickly and efficiently as possible in order to minimise the disturbance to their business.

For more information on retention of title claims, call our team us on 0333 323 5292 or fill in the enquiry form and we will get in touch with you.