header-logo header-logo

04 February 2010 / Michael Frisby , Oliver Lawson
Issue: 7403 / Categories: Features , Procedure & practice
printer mail-detail

Phoenix from the flames

What can be salvaged from the wreckage of insolvency? Michael Frisby & Oliver Lawson report

In the current economic environment, more clients are experiencing customer payment default. When a debtor company fails to pay or becomes insolvent, clients want to know what actions they can take to mitigate losses, rather than simply claiming as an unsecured creditor in liquidation. The options available will depend on the circumstances of the case, but it may be possible to recover goods and in certain circumstances directors of the debtor company may be personally liable for the debt.

Where goods have been supplied under a contract containing a retention of title (RoT) clause, an unpaid seller can recover goods in the event of non-payment. 

It is essential to act quickly in pursuing an RoT claim. A written demand should be made to the debtor (or usually the administrator, liquidator or receiver of the debtor) notifying them that you are exercising your right to recover your goods and demanding that they be made available for collection.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll