Legal Precedents regarding Bailifs Powers & Responsibilites Grounds in which to personally sue / put a commerical lien / form4 complaint (can cause revocation of a certificated bailiffs certificate) any bailiff or police officer breaking these common law precedents A bailiff may not encourage a third party to allow the bailiff access to a property (i.e. Workmen inside a house or a police officer), access by this means renders everything that follows invalid, Nash v Lucas [1867] 2 QB 590 If a police officer is in attendance and assists the bailiff to gain entry or persuades the debtor to open the door then any levy the bailiff makes is void and the debtor can sue for damages. Skidmore v Booth [1834] 6 C&P 777 A debtor can lawfully use reasonable force in removing a bailiff that has refused to leave, the bailiff resisting is the person guilty of a breach of the peace, Green v Bartram [1830] 4 C&P 308 and if police are present, the bailiff is the person that police should arrest,Foulkes v Chief Constable of Merseyside Police [1998] 3 All ER 705 A bailiff in execution of a warrant or a writ CANNOT make forcible entry to a dwelling/house unless and until he has completed seizure of the goods in consequence of the first entry, Halsburys Laws of England loose leaf edition vol.1 paragraph 9.128 and originally from Semayne v Gresham [1604] Yelverton 29 or Seyman v Gresham [1604] Croke, Elizabeth 809 or P.18 Ed.IV fo.4 pl.19 Bailiffs cannot break open a door but can open one if it is unlocked,Budd v Pyle [1846] 10 JP 203 A debtor can lawfully resist a bailiff without a levy from entering the home if entry is being made against his will, Vaughan v McKenzie [1969] 1 QB 557 Bailiffs cannot force their way into a private dwelling but can in the case of a commercial or business premises, Grove v Eastern Gas [1952] 1 KB 77 A debtor can remove right of implied access by displaying a notice at the entrance. This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door but it also prevents a bailiff entering the garden or driveway, Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753 Debtors can also remove implied right of access to property by telling him to leave: Davis v Lisle [1936] 2 KB 434 similarly, McArdle v Wallace [1964] 108 Sol Jo 483 A bailiff must leave the premises when told to do so, Robson & Another v Hallett [1967] 2 QB 939
Posted on: Mon, 13 Oct 2014 10:42:07 +0000
Trending Topics
Recently Viewed Topics
© 2015