Edinburgh bakery subject to Perpetual Interdict

Although Bakers Basco has taken successful legal action against Mr Sosenko a number of times since 2008 over his misuse of members’ equipment through the English courts, with the courts’ decisions then enforced in Scotland, this is the first time it has ever used the Scottish legal system directly to protect its members’ interests.

In May 2016, lawyers acting on behalf of Bakers Basco successfully applied to the Sherriff’s Court for an Interim Interdict banning Mr Sosenko from misusing their client’s equipment. They also asked for enforcement costs and legal costs to be awarded against him. The Sherriff ruled in support of Bakers Basco.

Mr Sosenko has been caught using Bakers Basco equipment without authorisation since 2008, and the company’s lawyers argued that it is likely that he had habitually done so on other occasions without being caught. They also pointed out that he habitually only returns the items after Bakers Basco has been forced to take legal action. The defendant has historically made payments of over £6000 in costs and damages as a result of previous court cases relating to misuse of Bakers Basco equipment. 

As a result, at the May hearing, Bakers Basco’s lawyers also asked for a Permanent Interdict against Mr Sosenko. This was granted at a further hearing on June 14^th 2016. After seeing evidence that Mr. Sosenko had failed to respond to communications from Bakers Basco, the Sherriff granted the Permanent Interdict. 

It may take up to 14 days for the Interdict to be issued; Mr Sosenko will then have 14 days to return the property. If he fails to do so, Bakers Basco will be entitled to send in Sherriff Officers to reclaim its property.

“This is not the first time Mr Sosenko has been caught using our members’ equipment without their permission; in fact, we’ve had to take action against him on numerous previous occasions. That’s why we have been forced to ask for a permanent Interdict stopping him from using and abusing our baskets and other items,” explained Steve Millward, general manager, Bakers Basco.

“Our recovery team tracked a sizeable amount of our equipment to The Pine Tree Bakery in Edinburgh and found that, despite the courts ruling in our favour numerous times in the past, he is continuing to treat other people’s property as if it were his own.”

Every year, several million pounds’ worth of bread trays and equipment belonging to Bakers Basco and its membership and meant purely for the safe transport of bakery products are misappropriated by third parties who have no contractual relationship with the bread manufacturers. Often, equipment is converted for other purposes, which damages it or makes it unusable for safely transporting bread.