A delivery order is the industry standard way of transferring ownership of a cask between two people. It is a document listing a cask’s unique information that is signed by the seller and the buyer and acknowledged by the warehouse where the cask is stored.
A delivery order can be in any form so long as that you have confirmation from the Warehousekeeper where the cask will be stored what they accept.
For a private individual owning casks a delivery order is one of three documents that prove outright ownership and autonomy over a cask. It also acts as third party confirmation that a cask is what the seller says, and is where they say it should be.
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The three documents you need are:
- a contract of sale
- a paid invoice
- a delivery order confirmed by the warehouse
Why Request A Delivery Order If They Aren’t Legally Required?
You may hear that delivery orders are not legally required or a legal document. This is correct; the law prescribing delivery orders in section 32 of ALDA was repealed by the Finance Act 2006. Despite this, delivery orders are still used as standard by the industry because they provide a solution to meet the requirements of other existing legislation that governs how warehouses are run, specifically Excise Notice 196 and 197. They also provide important checks against potential fraud for private individuals purchasing casks.
For the Warehouskeeper a delivery order provides:
- A record of goods and changes of ownership (Needed per Excise Notice 196 Section 3.3.4)
- Notification of sale from seller and buyer (Needed per Excise Notice 197 Section 8.1)
- Details of seller and buyer for due diligence checks on both (Needed per Excise Notice 196 Section 11)
For the buyer a delivery order provides:
- Confirmation from the warehouse that the cask details are correct.
- That the cask is where the seller says it should be.
- Direct contact with the warehouse and to your cask should something happen to the company you buy the cask through.
As a delivery order isn’t a “legally” defined document each Warehousekeeper can decide how they will receive notification of sale. Some may accept emails or other forms of the information. However if you are not getting a delivery order you still need confirmation from the Warehousekeeper directly that the other transfer meets their requirements. This is also what the Scotch Whisky Association advise.
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Why Do I Need A Delivery Order?
If you are buying a cask then a delivery order or equivalent that is acknowledged by the warehouse gives you confidence that your cask exists and that you have full autonomy over it.
If you do not have a delivery order and you have not received acknowledgement from the warehouse that the cask is yours then there is a good chance that you only own that cask via the company you purchased it from. If you have only received a Certificate of Ownership, Beneficial Title or something similar then at the warehouse level the company you purchased from still own the cask. That company has likely simply internally assigned to you some level of right to that cask now or in the future.
Without a delivery order you therefore need to do a lot of additional work to ensure that your asset is safe now and in the future (which is what happened to Braeburn and Cask 88 customers in May 2025). Furthermore, if the company selling the cask to you has not made the ownership structure clear then they have misled you.
When Is No Delivery Order Okay?
If you have received confirmation from the warehouse where the cask is stored that the cask is in your name then that is an acceptable proof of transfer.
If you have purchased a cask directly from a distillery who store their own casks then you don’t need a delivery order.
Do I Need A WOWGR To Own A Cask?
Please note that WOWGR has been updated as of March 2025. No one but Warehousekeepers and Warehouses need to be certified under WOWGR to own casks. You can read more about the updates to WOWGR here.
How Do I Get A Delivery Order?
In order to fully own a cask at the warehouse level you need an account at the warehouse where the cask is stored.
Once the warehouse has opened you an account then you can request the seller to issue a delivery order for you to sign and return to the warehouse. The warehouse will acknowledge the receipt and confirm the transfer.
What If The Warehouse Won’t Open An Account For Me?
Not all warehouses will open accounts for private individuals who wish to own casks (often because they do not have the ability to offer the additional services required by private cask owners).
However, there are an increasing number of warehouses that are able to open new private accounts. If the warehouse where a cask you wish to buy cannot open you a new account then they will likely be able to assist you in moving the cask to a warehouse that does. If you are buying a cask through a reputable broker then they should be able to suggest a suitable warehouse and provide services for moving the cask if need be.
