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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10648
Experience:  30 years as a practising solicitor.
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I have a former customer in Scotland who has taken delivery

Resolved Question:

I have a former customer in Scotland who has taken delivery of goods (poultry) from my firm but hasn't paid for them despite my reminders. Can I place an injunction on his premises to prevent him from disposing of this poultry by removing them from his premises for slaughter, until such time as he sees fit to pay me?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The birds are still your property if you incorporated a retention of title clause into the contract of sale. In other words a clause that says property in the goods doesn't pass until they are paid for. If you have that, you can raise interdict proceedings in the Scottish courts preventing the disposal of the birds and their removal from the premises. If you don't you can't. I assume that the contract is under Scots law. If you have a specific clause in your terms and conditions incorporating English law then you may be able to take out an injunction there.
If you have no retention of title clause all you can do is sue for the money owing to you.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10648
Experience: 30 years as a practising solicitor.
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