Retention of title clauses are found in most contracts for sale of goods; however, enforcing such clauses can give rise to a number of problems, particularly in the context of insolvency. As the economy improves, we may see more corporate failures as weaker players in the market struggle to compete with stronger competitors. Businesses supplying goods on credit would be well advised to take a close look at their standard terms and conditions, before these effects take place, to check that they include a valid retention of title clause.

Rachel Brown of Druces LLP’s Commercial Litigation Team writes on this topic in The In-House Lawyer (March 2014 issue) and looks at some of the key issues for suppliers considering a retention claim.

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