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04 February 2010 / Michael Frisby , Oliver Lawson
Issue: 7403 / Categories: Features , Procedure & practice
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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. You should also make immediate arrangements to inspect the goods

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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