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.

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 a less aggressive type of remedy than a search order.

Due to the nature of the remedy provided by these orders, and the risk of relevant documents and property being destroyed if the defendant is alerted to the existence of the order in advance, these orders are often sought without notice, on an application heard in the absence of the defendant(s).

An applicant making an application without notice must justify, by reference to well-established criteria, why it is appropriate for each

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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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