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Retention of Title

This Briefing seeks to scotch that popular myth and ensure you, the reader, are put in a position where you can recover goods in such a situation by judicious use of a well drafted “retention of title clause” and ensuring your terms and conditions apply and form part of the contract between the parties.

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Overview

This Briefing seeks to scotch that popular myth and ensure you, the reader, are put in a position where you can recover goods in such a situation by judicious use of a well drafted “retention of title clause” and ensuring your terms and conditions apply and form part of the contract between the parties.

Sadly most of the disputes we have handled in the recession have come about because one or other party did not get their commercial deal down in writing at the start. They started running a company without a shareholder agreement. Or they supplied goods without any terms and conditions in writing. Or they had terms but they omitted important legal issues. Often saving half an hour of a lawyer’s cost in the initial drafting stage means a company has 18 months of High Court litigation. It is much cheaper to have a written agreement than to argue later over which terms apply.

This Briefing will light the way on how to ensure you retain title to goods.

Content

1. Protection against future insolvency of a customer or supplier

  • Payment in advance
  • Currency fluctuation risks
  • Redundancies
  • Debt recovery
  • Force majeure
  • Anti-competitive agreements with competitors about price
  • Rights to vary contracts
  • Other contract terms
  • Other credit issues
  • After a customer goes out of business
  • Force majeure clauses

2. Retention of Title clauses

  • Key issues for retention of title clauses/issues
  • Guidance on RoT clauses
  • Legal issues and RoT clauses
  • Identifying goods
  • All monies clauses
  • Sale of Goods Act 1979
  • Goods on-sold
  • Incorporation of clauses
  • Incorporation of retention of title clause into a contract
  • – Official Receiver’s Guidance:
  • Manufactured Goods
  • All Monies Clauses
  • Tracing
  • Messing it up – creating a charge
  • Summary
  • Reservation of title questionnaire
  • Official Receiver
  • Official Receiver Procedure
  • 1. Sample Retention of Title Clause
  • 2. Variation of Terms to Add RoT Clause

3. The insolvent customer

  • Checklist of practical immediate steps
  • Your role as a creditor
  • Meeting of creditors
  • Conduct and voting at a meeting of creditors
  • Creditors’/liquidation committee
  • The trustee’s/liquidator’s remuneration
  • Completion of the case
  • Buying a business

The author

Susan Singleton is a solicitor with her own London firm, Singletons, which specialises in competition law, intellectual property law, IT/ecommerce and general commercial law. Articled at Nabarro Nathanson, she joined Slaughter and May’s EC/Competition Law Department on qualifying in 1985, moving to Bristows in March 1988, where she remained until founding her own firm in 1994. Since then she has advised over 650 clients. According to the Chambers and Partners Legal Directory she is one of the UK’s leading Lawyers. In 2002 she acted for the claimant in the first damages action for breach of the EU competition rules to come before the English courts Arkin v Borchard and Others. Her clients range from major plcs and institutions to small start up businesses.

She is author of over 30 law books on topics such as the internet and ecommerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes legal articles monthly for Consumer Law Today, IT Law Today as well as regularly for Solicitors Journal, Purchasing and Supply Law Briefing and other publications. She is Vice Chairman of the Competition Law Association, is a member of the Licensing Executives Society (EC/Laws Committee) and serves on the Contracts Group of the Chartered Institute of Purchasing and Supply (CIPS). Since September 2005 she has sat as an independent member on the Direct Marketing Authority.

Continuing professional development

This course qualifies for the following CPD programmes:

  • CPD certificate of attendance: 2.00 hours

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Download (PDF) ISBN-10: 1 85418714 7 
ISBN-13: 978 185418714 7
Pages: 100
GBP 29.00
EUR 41.00
+ VAT @ 20.00%
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Report ISBN-10: 1 85418703 1
ISBN-13: 978 185418703 1
Pages: 100
Size: 297 x 210mm
GBP 49.00
EUR 69.00
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