Legal/Lawful Precedents

Bailiffs and police involvement

By common law police officers owe to the general public a duty to enforce the criminal law, 1968 CA Lord Denning re: Commissioner of Police of the Metropolis, Ex parte Blackburn [1968] 2 QB 118

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

There must be very good reasons for arresting a debtor on the grounds of preventing a breach of the peace, only a serious and imminent threat justifies arrest, Foulkes v Chief Constable of Merseyside Police [1998] 3 All ER 705

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

If a police officer arrests a debtor after throwing a bailiff off the premises who had refused a request to leave, the officer is guilty of false arrest because no offence was committed and the bailiff was there illegally: Green v Bartram [1830] 4 C&P 308.

A police officer must arrest a bailiff for breach of the peace if he places the debtor in fear of violence or harm if that offence is made in the presence of that officer, R v Howell (Errol) [1982] 1 QB 427.

A police officer must apprehend and arrest the party that is threatening violence, Redmond-Bate v Department of Public Prosecutions, The Times July 28 1999, Lord Justice Sedley


Forced Entry

A bailiff in execution of a warrant or a writ CANNOT make forcible entry to a dwellinghouse unless and until he has completed seizure of the goods in consequence of the first entry, Halsbury's 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

If a bailiff breaks into your property without a valid levy the bailiff has a civil and criminal liability Khazanchi & Anor v Faircharm Investments Ltd & Ors, Court of Appeal

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

A bailiff must leave the premises when told to do so, Robson & Another v Hallett [1967] 2 QB 939

A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256.

If the bailiff has already started to make a levy, he can no longer be made to leave and he cannot be assaulted, Southam v Smout [1964] 1 QB 308.

Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77

A debtor can use an equal amount of force to resist a bailiff from gaining entry, Weaver v Bush [1795] 8TR, Simpson v Morris [1813] 4 Taunt 821, Polkinhorne v Wright [1845] 8QB 197. Another occupier of the premises or an employee may also take these steps: Hall v Davis [1825] 2 C&P 33.

Also wrongful would be an attempt at forcible entry despite resistance, Ingle v Bell [1836] 1 M&W 516

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

The debtor's home and all buildings within the boundary of the premises are protected against forced entry, Munroe & Munroe v Woodspring District Council [1979] Weston-Super-Mare County Court.

A bailiff rendered a trespasser is liable for penalties in tort and the entry may be in breach of Article 8 of the European Convention on Human Rights if entry is not made in accordance with the law, Jokinen & Jokinen v Finland [2009] 37233/07


Bailiffs and improper conduct

Unfit behaviour on the part of the bailiff or an assistant is illegal, abuse of position or improper conduct can all lead to revocation of a certificate:

Deceiving a debtor, Mutton v Sheppard [1905] 66 EG 806
Illegal Distress, London Central Meat Co v Rae [1905] 13 PMR
Assaulted a debtor, Woodward v Day [1894] 2 PMR 753

Bailiffs and distress warrants

The bailiff must carry the warrant with him when he attends the debtor's premises, Section 126 of the County Courts Act 1984 but this does not invalidate seizure but the debtor can claim damages for trespass, Percival v Stamp [1853] 9 Exch 16

If the debtor asks to see the warrant, the bailiff should produce it, if no request is made it doesn't have to be shown voluntarily however it should be available to be shown if need be. Buller's Case [1587] 1 Leonard 50.

If you ask the bailiff to see the warrant then he should produce it. Andrews v Bolton Borough Council [2011] HHJ Holman, Bolton county court, June 2011 but in any event, the bailiff has to carry it. But there is a Ministry of Justice Guideline what says if the warrant is not carried with him then "state where the warrant is and what arrangements may be made to allow the Defaulter to inspect it".

A bailiff that says the warrant that is at the bailiff's office is NOT in possession of the warrant and is too remote a possession, Codd v Cabe [1876] 1 Ex D 352 or Galliard v Laxton [1862] 2 B&S 363 or R. v Chapman [1870] Cox CC 4 or Horsfield v Brown [1932] 1 KB 355 or De Costa Small v Kirkpatrick [1979] 68 Cr App R 186 or Rhodes v Hull [1857] 26 LJ Ex 265.

A warrant kept in the bailiff's van nearby is readily available and should be produced on demand, R v Purdy [1974] 1 QB 288

A bailiff executing a warrant having another bailiffs name on it is illegal, Collins v Yewens [1838] 10 A&E 570 but this case excludes Distress Warrants for Magistrates Court fines under Section 78 of the Magistrates' Courts Act 1980 and Section 125 of the County Courts Act 1984 (enforcement of county court judgments).

If a bailiff is named on the warrant but is being executed by another then it is illegal, Symonds v Kurtz [1889] 61 LT 559 or R v Whalley [1835] 7 C&P 245 or R v Patience [1837] 7 C&P 775 but not if there is a mere typo in the bailiffs name, Section 78 of the Magistrates Courts Act 1980 or Section 125 of the County Courts Act 1984

Bailiffs can only enforce payment of a debt at the address shown on the warrant or writ: Huntress Search Limited (Claimant) v Canapeum Limited (Defendant) and DSI Foods Limited (Interpleader Claimant) [2010] EWHC 1270

A bailiff does not need to carry the warrant if he attends an address only to deliver a letter or verify or inspect the address without intending to call on the debtor, Robins v Hender 3 Dowl PC 543

Bailiff without a certificate

A person not a certificated bailiff conducting levy is trespass, Bray v Naldred [1894] 2 PMR 227

A person not a certificated bailiff conducting levy is trespass, Hawes v Watson [1892] 94 LT 191 ;[1890] 29 LJ 556; contrast Varden v Shread [1890] 36 EG 449 or 25 LJ 363, Harker v Browne [1890] 36 EG 59, [1892] 40 EG 402, Thomas v Millington [1894] 2 PMR 472, Bray v Naldred [1894] 2 PMR 227 and Rodgers v Webb [1912] 20 PMR 186

An unsigned walking-possession agreement is not valid: Evans v South Ribble Borough Council [1992] QB 757

The walking-possession agreement is invalid if it was signed by a person without the debtor's permission Lumsden v Burnett [1898] 2 QB 177

A walking-possession agreement is void if it was signed under duress or a misrepresentation is made or pressure exerted upon a person to coerce that person to perform an act that he ordinarily would not perform, Barclays Bank v O Brien [1994] 1 AC 180 House of Lords

A spouse cannot sign a walking-possession agreement for the other: H v Sandwell MBC [1992] Legal Action August P15. Held by Magistrates that process was irregular so far as the other spouse was concerned