On a return of goods claim where an order is made for a forthwith return...
On a return of goods claim where an order is made for a forthwith return, should not all money claims apart from costs be adjourned generally with a view to them being restored, if the claimant so wishes, following sale? Some claimants ask for and obtain judgment for the arrears of instalments but this seems to me to be wrong in principle.
The usual order is for a return forthwith and with the money judgment being adjourned generally with permission to restore. This is because the amount of the money judgment will vary depending on whether or not the goods are returned and, if returned, on the price they fetch (more often than not, at auction) when sold. Fixed costs will usually be ordered when the return order is made.
