Getting Property Back: Interim Possession Orders in Commercial Disputes

When someone refuses to return property they no longer have a right to keep, waiting for a full trial is not always a viable option. Courts have tools to address this in the interim, and we have experience using them on behalf of our clients.

At Ebady Law, we act for businesses and individuals in disputes involving wrongful retention of property, lease defaults, and commercial agreements gone wrong. We have successfully obtained interim possession orders, structured payment-into-court arrangements, and litigation timetables that keep matters moving toward resolution.

Interim Possession Orders: What They Are and When They Apply

Under section 104 of the Courts of Justice Act and Rule 44 of the Rules of Civil Procedure, a court can order the return of property to its rightful owner on an interim basis, before trial. These orders are available where the evidence establishes that the moving party is the lawful owner, the property can be identified with sufficient particularity, demands for return have been made and refused, and continued retention will cause ongoing harm (such as depreciation of a vehicle or other asset).

Courts will look at the balance of convenience and the interests of justice. Where a defendant offers no credible legal basis for retaining property and is causing ongoing loss to the owner, the case for an interim order is strong.

What This Means for Your Business

If your business has supplied goods, vehicles, or other assets under a lease or similar arrangement and the other party has stopped paying, gone quiet, or is refusing to return your property, you do not necessarily have to wait for a trial to recover what is yours. Depending on the circumstances, an interim possession order may be available and can be pursued on a relatively expedited basis.

Our team can assess your situation and advise on the most effective approach.

This blog post is for general informational purposes only and does not constitute legal advice. Please consult a lawyer for advice specific to your situation.